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Full text of "North Carolina Register v.11 no. 26 (4/15/1997)"

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NORTH CAROLINA 

REGISTER 



VOLUME 11 ♦ ISSUE 26 • Pages 1969 - 2048 

April 15, 1997 



^^:- 



IN THIS ISSUE 

Witdiife ProcIamaticMi 
Tax Review Board 
Adnaiustration 
' AgfUadtufe 

Environment, Healthy and Natural Resources 
Human Resources 
Ixmtrsnce 
Labor 

MedicaL Examiners, Board of 
Transportation 
List of Rules Codified 
Rules Review Commission 
Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 7611- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 




This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



c 



I 



I 



NORTH CAROLINA 
REGISTER 




Volume 11, Issue 26 
Pages 1969 - 2048 



April 15, 1997 



This issue contains documents officially filed 
through March 24, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919) 733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 

I. IN ADDITION 

Environment, Health, and Natural Resources 

Wildlife Resources Proclamation 1969 

Revenue 

Tax Review Board 1970 - 1975 

II. RULE-MAKING AGENDA 

Environment, Health, and Natural Resources 

Environmental Management Commission 1976 - 1983 

Health Services. Commission for 1976 - 1983 

Marine Fishenes Commission 1976 - 1983 

Water Pollution Control System Commission 1976 - 1983 

III. RULE-MAKING PROCEEDINGS 
Environment, Health, and Natural Resources 

Environmental Management Commission 1984 - 1985 

Marine Fishenes Commission 1985 - 1986 

Labor 

OSHA 1984 

Licensing Boards 

Medical Examiners, Board of 1986 - 1987 

Transportation 

Highways, Division of 1986 

IV. PROPOSED RULES 

Environment, Health, and Natural Resources 

Manne Fishenes Commission 1988 - 1991 

Transportation 

Highways, Division of 1991 - 1996 

V. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Manne Fishenes Commission 2000 - 2003 

Human Resources 

Medical Assistance 1997 - 2000 

VI. APPROVED RULES 2004 - 2018 

Administration 

State Building Commission 
Agriculture 

Plant Conservation Board 
Environment, Health, and Natural Resources 

Wildlife Resources Commission 
Human Resources 

Child Day Care Commission 

Facility Services 
Insurance 

Property and Casualty Division 
Transportation 

Motor Vehicles, Division of 



Julian Maim III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



VII. LIST OF RULES CODIFIED 2019 - 2021 

VIII. RULES REVIEW COMMISSION 2022 - 2026 

IX. CONTESTED CASE DECISIONS 

Index to AU Decisions 2027 - 2041 

Text of Selected Decisions 

95 OSP 0569 2042 - 2044 

96 EHR 1112 2045 - 2047 

X. CUMULATIVE INDEX 1-47 



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IN ADDITION 



I 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



North Carolina Wildlife Resources Commission 

512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 
Charles R. Fullwood, Executive Director 



) 



I 



PROCLAMATION 



Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant to North 
Carolina General Statute §1 13-292 (cl) and authorit>' duly delegated by the Wildlife Resources Commission, hereby declares 
that the season for harvestmg striped bass by hook-and-Ime shall close in all waters of the Roanoke River Striped Bass 
Management Area downstream of the Edwards Ferry Boatmg Access Area at US 258 bndge on the Roanoke River in Halifax 
County at 12:00 midnight on Sunday, March 23, 1997. 

In the Roanoke River and its tributaries upstream of the Edwards Ferry Boating Access Area at US 258 bridge striped 
bass may be harvested from 12:01 a.m. on Saturdays through 12:00 midnight on Sundays, and from 12:01 a.m. through 12:00 
midmght on Wednesdays. On all other days all stnped bass caught, regardless of condition, shall be immediately returned to 
the waters where taken and no striped bass may be possessed. 

The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the Roanoke 
River and its tnbutanes, extending from its mouth to Roanoke Rapids Dam, including the Cashie, Middle, and Eastmost rivers 
and their tributaries. 

This proclamation shall be effective at 12:00 midnight. March 23, 1997 and shall remain in effect until a new 
proclamation opening described waters or portions thereof for striped bass fishing is issued. 

This proclamation supercedes and replaces all prior proclamations. 

NOTES: 

a) This Proclamation is issued under the authorit\' of NCOS. §§113-132; 113-134; 113-292; 113-304; and 113- 
305. 

b) All striped bass regardless of condition caught dunng the closed season shall be immediately returned to the 
waters where taken and no striped bass may be possessed. 

c) Any person who violates this Proclamation also violates apphcable law and is subject to the sanctions provided 
by law 

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION 

by March 19, 1997 

Charles R Fullwood Date 

Executive Director 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1969 



IN ADDITION 



STATE OF NORTH CAROLINA 

COUNTY OF WAKE 

IN THE MATTER OF: 

The Proposed Assessment of corporate income and 
franchise tax liabilit)' for calendar years 1988, 1989, 
1990, and 1991 assessed by the Secretary of Revenue 
against Philip Morris, Incorpwrated 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NLMBER: 327 



THIS MATTER was heard before the Regular Tax Review Board on September 17, 1996, in the City of Raleigh, 
Wake County, North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by 
Philip Morris, Incorporated (hereinafter "Ta.xpayer") of the Final Decision of Michael A. Harmah, Assistant Secretary for 
Legal and Administrative Services (hereinafter "Assistant Secretary") entered on March 19, 1996, sustaining a proposed 
assessment of corporate income and franchise ta.x liability for the calendar years of 1988, 1989, 1990, 1991 against the 
Taxpayer. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, then Chairman of the 
Utilities Commission and duly appointed member, Noel L. Allen, attorney at law participating. 

The Taxpayer was represented at the hearing by Jean Gordon Carter, David Agosto, and C.B. McLean, Jr., attorneys 
at law. Also present at the hearing on behalf of the Taxpayer was Joseph A. Beggans, Director of State and Local Taxes. Kay 
Linn Miller Hobart, Assistant Attorney General, appeared on behalf of the Secretary of Revenue. Jack L. Harper, Assistant 
Secretary for Tax Admimstration and William H. Baker, then Director of the Corporate and Franchise Tax Division appeared 
on behalf of the Depanment of Revenue. 

After the hearing, the Board memben present took the matter under advisement pursuant to N.C.G.S. § 105-24 1.2(bl). 
On October 21, 1996, a post hearing brief was filed with the Board on behalf of the Taxpayer. On November 20, 1996, a post . 

hearing brief was filed with the Board on behalf of the Secretary of Revenue. On January 29, 1 997, the Board reviewed the f 
Petition. Briefs, Final Decision of the Secretary and the record of the matter in the proceeding before the Assistant Secretary'. 

The purpose of the Regular Tax Review Board is to provide administrative review to a Taxpayer from the Secretary 
of Revenue's decision sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. The 
scope of admmistrative review for a Petition filed with the Board is governed by N.C.G.S. §105-241. 2(b2). N.C.G.S. §105- 
241.2(b2) states in peninent part: 

(b2) ...."after conducting a hearing under this section, the Board shall 
confirm, modif>', reverse, reduce or increase the assessment or decision 
of the Secretary." 

THE REGULAR TAX REVIEW BOARD, having conducted a hearing in this matter and having reviewed the 
Petition, Briefs, Final Decision of the Secretary, record filed in this matter, and having carefully considered the arguments and 
i.uiiituiioiis presented by counsel, rendered its decision as follows: 

1. The relief requested by the Taxpayer is to amend or reinterpret Orders 350 and 351 of the 
Augmented Tax Review Board. 

2. The authority of the Regular Tax Review Board does not extend to the powers to supersede the terms 
of the Augmented Tax Review Board's Orders issued under N.C.G.S. §105-130. 4(t). 

3. Any modification of Orders 350 and 351 can only be accomplished by the Augmented Tax Review 
Board sitting as such under the procedures established in N.C.G.S. §105-134. 4(t). 

4. The relief requested by the Taxpayer is strictly within the authority of the Augmented Ta.x Review A 
Board and is not within the scope of administrative review of the Regular Tax Review Board. ^ 



7970 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



IN ADDITION 



\ 



5. The Taxpayer may, to the extent such reUef is available, petition the Augmented Tax Review Board 

pursuant to N.C.G.S. §105-130.4(t). 

THEREFORE IT IS ORDERED, that the Final Decision of the Assistant Secretary is CONFIRMED. 

Entered this the 13th day of March, 1997. 

TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 
State Treasurer 

/s/Noel L. Allen, Appointed member 

NOTE: At the time of the Board's deliberation in this matter, there existed a vacancy in the position of the Chairman 
of the Utilities Commission. Hugh A. Wells having retired from that position effective December 31, 1996, with the term 
of the new appointed Chairman to commence on February 1 , 1997. Therefore, the members present at the January 29, 1997, 
meeting, proceeded with the deliberation of this matter and rendered the Board's decision. 



) 



\ 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1971 



IN ADDITION 



STATE OF NORTH CAROLINA 



BEFORE THE 
TAX REVIEW BOARD 



COUNTY OF WAKE 



IN THE MATTER OF: 

The Proposed assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
dated August 13, 1992 against TERRY LEE DOTSON 



ADMINISTRATIVE 
DECISION NUMBER: 328 



THIS MATTER was heard before the Tax Review Board on January 29, 1997, in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It involved the Petition for administrative review filed by Terry Lee Dotson 
(hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative 
Services (hereinafter "Assistant Secretary") entered on September 13, 1995, sustaining a proposed assessment of controlled 
substance excise tax for possession of non-tax-paid controlled substance. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Noel L. Allen, 
attorney at Law participating. 

Keith M. Stroud, attorney at law appeared at the hearing on behalf of the Taxpayer. Also present at the hearing were 
the Taxpayer and his parents Mr. and Mrs. Dotson. Christopher E. Allen, Assistant Attorney General, appeared on behalf 
of the Department of Revenue. 

After the hearing, the Board reviewed the Petition, the Brief, the Final Decision and the record of the proceeding 
before the Assistant Secretary. The issue before the Board is whether the Assistant Secretary erred in sustaining the controlled 
substance excise tax issued August 13, 1992 including the penalty and interest imposed against the Taxpayer. 

N.C.G.S. §105-113.105 et. seq. provides for the levy of an excise tax on persons (dealers) who possess a non-tax -paid 
controlled substance. The proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105- 
241 . 1(a), thus the burden is on the Taxpayer to overcome this presumption and rebut the assessment. 

The purpose of this Board is to provide administrative review to a Taxpayer from the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. The scope of administrative 
review for petitions filed with Board is governed by G.S. § 105-241.2. G.S. §105-241. 2(b2) states in pertinent part: 

(b2) ...."after conducting a hearing under this section, the Board shall 
confirm, modify, reverse, reduce, or increase the assessment or decision 
of the Secretary." 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERS THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported 
by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully supported by the 
findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully supported by the 
conclusions of law. From the record of this proceeding, there was a reasonable basis to presume that the Taxpayer was in 
possession of the controlled substance. Pursuant to N.C.G.S. § 105-241. 1(a), the proposed assessment of the excise tax is 
presumed to be correct. The Taxpayer failed to provide evidence to overcome the presumption and rebut the assessment. 

IT IS THEREFORE ORDERED, that the final decision of the Assistant Secretary entered on September 13, 1995, 
regarding this matter is CONFIRMED in every respect. If permitted under the North Carolina Revenue Laws, the Secretary 
may review the record to determine if an adjustment is necessary regarding the specific amount of the controlled substance at 
issue in this matter. 

Entered this the 13th day of March. 1997. 



1972 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



IN ADDITION 



I 



TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 
State Treasurer 

/s/Noel L. Allen, Appointed member 

Note: At the time of this hearing, there existed a vacancy in the position of the Chairman to the Utilities Commission. 
The new Chairman had been named, but the effective date of the appointment would not commence until February 1 , 1997. 
Officially, the new Chairman would not be an ex officio member of the Board until February 1 , 1997. Therefore, the members 
who participated in the hearing proceeded with the deliberation of this matter and rendered a decision. 



\ 



\ 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1973 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 

IN THE MATTER OF: 

The Proposed assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
on July 10, 1995, by the Secretary of Revenue against 
ROD>4EY LANE HOOKER 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER: 329 



THIS MATTER was heard before the Regular Tax Review Board (hereinafter "Board") on January 29, 1997, in the 
City of Raleigh, Wake County, North Carolina in the office of the State Treasurer for the purpose of conducting a hearing on 
the Petition of Rodney Lane Hooker (hereinafter "Taxpayer") which was filed with the Board on September 12, 1996, 
pursuant to the provisions of G.S. §105-241.2. The petition concerned administrative review of the Final Decision of Michael 
A. Hannah, Assistant Secretary for Legal and Administrative Services (hereinafter "Assistant Secretary") entered on July 9, 
1996, sustaining a proposed assessment of controlled substance excise tax for possession of non-tax -paid controlled substance 
for the period of July 10, 1995, assessed against the Taxpayer. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Noel A. Allen, 
attorney at Law participating. 

Taxpayer and his attorney did not appear at the hearing. Christopher E. Allen, Assistant Attorney General, appeared 
at the hearing on behalf of the Depanment of Revenue. 

After the hearing, the Board reviewed the Petition and the memorandum of law dated March 19, 1996, the Brief and 
the record of the proceeding before the Assistant Secretary. The issue before the Board is whether the Assistant Secretary erred 
in sustaining the controlled substance excise tax issued on July 10, 1995, including the penalty and interest imposed against 
the Taxpayer. 

The purpose of this Board is to provide administrative review to a Taxpayer from the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The scope of administrative 
review for Petitions filed with Board is governed by G.S. §105-241. 2(b2). G.S. § 105-241. 2(b2) states in pertinent part: 

(b2) ...."after conducting a hearing under this section, the Board shall 
confirm, modify, reverse, reduce or increase the assessment or decision 
of the Secretary." 

On review, the Board determined that G.S. §105-113.105 et seq. provides for the levy of an excise tax on persons 
(dealers) who possess a non-tax -paid controlled substance. A proposed assessment of the excise tax is presumed to be correct 
pursuant to G.S. § 105-241. 1(a), thus the burden is on the Taxpayer to overcome this presumption and rebut the assessment. 

The Board having conducted a hearing in this matter and having reviewed the Petition and memorandum of law, the 
brief, the record, the Assistant's Secretary's final decision and having considered the contentions of counsel rendered the 
following decision: that the findings of fact made by the Assistant Secretary were fully supported by competent evidence in 
the record; that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact; and that 
the decision by the Assistant Secretary sustaining the tax assessment was fully supported by the conclusions of law. From the 
record, there was a reasonable basis to presume that Taxpayer was in possession of the controlled substance. Pursuant to G.S. 
§ 105-241. 1(a), the proposed assessment of the excise tax is presumed to be correct. 

IT IS THEREFORE ORDERED, that the Assistant Secretary's final decision sustaining the assessment is 
CONFIRMED. 

Entered this the 13th day of March, 1997. 

TAX REVIEW BOARD 



1974 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



IN ADDITION 



I 



/s/Harlan E. Boyles, Chairman 
State Treasurer 

/s/Noel L. Allen, Appointed member 

Note: At the time of this hearing, there existed a vacancy in the position of the Chairman to the Utilities Commission. 
The new Chairman had been named, but the effective date of the appointment would not commence until February 1 , 1997. 
Officially, the new Chairman would not be an ex officio member of the Board until February 1 , 1997. Therefore, the members 
who participated in the hearing proceeded with the deliberation of this matter and rendered a decision. 



) 



\ 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1975 



RULE-MAKING AGENDA 



An agency may choose to publish a nde-making agenda which senes as a notice of rule-making proceedings if the 
agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments 
on the agenda for at least 60 days from the publication date. Statutory reference: G.S. 150B-21.2. 



i 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES 



This agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from April 15, 
through June 16, 1997: 



1997 



Environmental Management Commission - to rules codified in 15 A NCAC 2; 

Marine Fisheries Commission - to rules codified in 15A NCAC 3: 

Water Pollution Control System Operators Certification Commission - to rules codified in 15A NCAC 8; and 

Commission for Health Services - to rules codified in 15A NCAC 13B and 19A. 

DEHNR Regulatory Agenda Index - March 24, 1997 



AIR OUALITY 
APA# 

E2203 
E2204 
E2205 



SUBJECT 

Stage II Piping 
Monitoring and Modeling 
Construction and Operation Permit 



RULE CITATION # 

15A NCAC 2D .0953 

15A NCAC 2D . 1 106, .0806, .2200 (New Section) 

15A NCAC 2Q .0300 



EPIDEMIOLOGY/COMMUNICABLE DISEASES 



APA# 

H6611 



H6612 



SUBJECT 

Method of Reporting & 

Reportable Diseases and 

Conditions 

Control Measures - General/ 

Control Measures - Tuberculosis 



RULE CITATION # 

15ANCAC 19A .0101, .0102 



15A NCAC 19A .0201 & .0205 



MARINE nSHERIES 
APA # SUBJECT 

N1839 Fishery Resource Grant Program 

N1841 Production requirements for 

leases and franchises 



RULE CITATION # 

15A NCAC 31 .01 17 - Temporary Rule/Published in 4/15/97 
15A NCAC 3 



WASTE MANAGEMENT 
APA # SUBJECT 

E2177 Household Hazardous Waste 



RULE CITATION # 

15A NCAC 13B .1800 



WATE R OUALITY 



APA# 

E2176 



E2200 



SUBJECT 

Proposed Revisions to WS-IV 

(Water Supply) Ten-mile Protected 

Areas 

Certification of Operators of 

Water Pollution Control Systems 



RULE CITATION # 

15A NCAC 2B .0306, .0311, 
.0308, .0304, .0307, .0317, 
.0313, .0316, .0309 
15A NCAC 8A-8F 



DEHNR Regulatory Agenda - March 24, 1997 



APA #: E2176 
SUBJECT: Proposed Revisions to WS-IV (Water Supply) Ten-mile Protected Areas 
RULE CITATION #: 15A NCAC 2B .0304, .0306, .0307, .0308, .0309, .0311, .0313, .0316, .0317 
STATUTORY AUTHORITY: G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1) 
DIVISION/SECTION: WATER QUALITY 



i 



1976 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



RULE-MAKING AGENDA 



DIVISION CONTACT: Steve Zoufaly 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 3/5/97 

DURATION OF RULE: Permanent 8/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

The EMC was petitioned in early 1996 to inteipret the definition of the Protected Area [rule 15 A NCAC 2B .0202 (46)]. 
The question was raised whether the Protected Area boundary for WS-IV run-of-the-river water supplies should be 
measured either as ten miles "as-the-river- flows" or "linearly." On May 9, 1996, the EMC clarified the definition by 
stating that the "as-the-river-flows" method is the appropriate method in determining the Protected Area for WS-IV 
run-of-the-river water supplies. The EMC also directed DWQ staff to inform all local governments within WS-IV water 
supplies of the EMC's action and that they have the option of requesting a change in the designated Protected Area; 
and that petitions are requested to be submitted by October 1 , 1996, to make the rule-making process as expeditious as 
possible. 

The EMC stated that each proposed modification to the WS-FV Protected Area must go through the rule-making process. 
The EMC also stated that local water supply protection ordinances would remain in effect until reclassification. 

Local governments within WS-IV ten-mile Protected Area water supplies were sent a letter of notification on June 4, 
1996 of the EMC's interpretation decision. The letter instructed those local governments desiring to have the Protected 
Area boundaries within their jurisdiction revised, based on the EMC's interpretation, to submit a request to the Division 
by October 31, 1996. Twenty local government resolutions were received. Twelve resolutions were from counties and 
eight were from municipalities. The resolutions pertain to 30 of the 55 WS-IV water supplies with a ten-mile Protected 
Area. However, two of these 30 water supplies would not be affected due to their proximity (overlap of land area) to 
other WS-IV water supplies. In addition, one water supply is no longer in use. Finally, four of the 30 water supplies 
have "loops," in which the mainstem meanders in and out of the outer boundary of the Protected Area. The EMC 
specifically directed staff to bring the "looped" watersheds back to them for consideration. 

Attached is a list of local governments that submitted a resolution. Also attached is a spreadsheet of the potentially 
affected WS-IV ten-mile Protected Area water supplies (included, for reference purposes, are the two water supplies 
whose Protected Area will not change due to their proximity to other water supplies). This database includes the water 
supply name, river basin name, local governments with jurisdiction in the water supply, whether the local government 
submitted a resolution, the percent of land area within the water supply the local government has jurisdiction over, the 
user of the water supply and a comment section. And, finally, attached are a tentative time schedule for rule making 
for revising the WS-FV ten-mile Protected Area boundaries, and a statewide map showing the relative location of each 
water supply. 

On May 9, 1996, when the EMC debated the appropriate WS-IV ten-mile Protected Area boundary interpretation, an 
issue arose concerning those water supplies where the mainstem loops in and out of the outer Protected Area boundary. 
The EMC decided that the entire drainage area for waters draining to the portion of the mainstem that looped outside 
of the Protected Area should be included as part of the revised Protected Area. However, staff was instructed to bring 
this issue back to the EMC for further review. Staff have mapped the four water supplies with "looped" areas where 
requests for a change in the Protected Area were received and will bring these to the Water Quality Committee for their 
review. 

Staff plans to request that the WQC review and confirm the appropriate methodology for applying the Protected Area 
for the "looped" WS-IV ten-mile Protected Area water supplies at the February meeting. Staff will also request 
permission to take the proposed reclassifications, including the "looped" water supplies, to the EMC at their March 1997 
meeting. At this meeting, staff will request permission to proceed to public hearing. The intent of the hearings is to 
receive public comment on the proposed revisions to 27 WS-IV ten-mile Protected Area water supplies and the removal 
of the water supply classification for one watershed. If granted permission to proceed, then we expect public hearings 
to be held late this summer. If the revisions are approved by the EMC and the Rules Review Commission, and there 
are no objections from the members of the General Assembly, the effective date is expected to be August 1, 1998. 

APA #: E2177 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1977 



RULE-MAKING AGENDA 



SUBJECT: Household Hazardous Waste 

RULE CITATION #: 15A NCAC 13B .1800 

STATUTORY AUTHORITY: G.S. 130A-294 

DIVISION/SECTION: WASTE MANAGEMENT 

DIVISION CONTACT: Joan Troy 

DIVISION CONTACT TEL#: (919)733-0692 

DATE INITIATED: 2/10/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The proposed rules are necessary to provide the regulated community with specific permitting and operating conditions 
for household hazardous waste collection facilities and conditionally exempt small quantity generators. The proposed 
rules are designed to ensure that household hazardous waste collection facilities that store household hazardous waste 
and conditionally-exempt small quantity generators of hazardous waste operate in an efficient and environmentally 
acceptable manner. 

SCOPE/NATURE/SUMMARY : 

The proposed rules (Section .1800) outline the requirements for the establishment and operation of facilities that collect 
and store household hazardous wastes and hazardous wastes from conditionally-exempt small quantity generators. 

APA #: E2200 

SUBJECT: Certification of Operators of Water Pollution Control Systems 

RULE CITATION #: 15A NCAC 8A-8F 

STATUTORY AUTHORITY: G.S. 90A-37; 90A-38; 90A-39; 90A-40; 90A-41; 90A-42; 90A-43; 90A-44; 90A-45; 90A- 
46; 

90A-47 

DIVISION/SECTION: WATER QUALITY 

DIVISION CONTACT: Ron Ferrell 

DIVISION CONTACT TEL#: (919)733-5083 

DATE INITIATED: 3/6/97 

DURATION OF RULE: Permanent 7/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

The rules promulgated by the Water Pollution Control System Operators Certification Commission (WPCSOCC) which 
govern the certification of operators of water pollution control systems were last amended in 1993. Since that time, the 
General Assembly has assigned the WPCSOCC the responsibility of developing and implementing a certification 
program for operators of animal waste management systems. The WPCSOCC adopted temporary rules for operators 
of animal waste management systems in December, 1996 with an effective date of January 7, 1997. The WPCSOCC 
must now initiate the permanent rule-making process for these temporary rules. In addition, there is a need to 
reorganize and clarify the existing WPCSOCC rules so that they are consistent with the new program and provide the 
information needed by current and future operators concerning the certification process. The WPCSOCC is proposing 
to incorporate the temporary rules into the existing rules found at 15 A NCAC 8A-8E and to reorganize the existing 
rules, clarify certain components of the existing rules, and to amend and/or adopt rules to address changes that reflect 
the needs of the certification program and operators. 

SCOPE/NATURE/SUMMARY : 

The Water Pollution Control System Operators Certification Commission (WPCSOCC) is proposing to revise the rules 
found at 15A NCAC 8A-8E. The purpose of this rule-making initiative is to incorporate the temporary rules for 
certification of operators of animal waste management systems which were adopted in December, 1996 into the existing 
rules found at 15A NCAC 8A-8E and to revise the current rules. The purpose of the revision is to ensure consistency 
between the animal waste management system and the water pollution control system components of the program. In 
addition, revisions will be proposed that address changes that have occurred in the program during the 4 years since the 
last revision of the rules. 

The WPCSOCC is not proposing any significant changes to the temporary rules for operators of animal waste 



1978 NORTH CAROLINA REGISTER April 15, 1997 11:26 



RULE-MAKING AGENDA 



management systems except for incorporation into the existing permanent rules. The modifications proposed for the 
existing rules include the following: duties and requirements of certified operators; education and experience 
requirements for each level and type of certification; duties and requirements of contract operating firms; rating scale 
for classification of water pollution control systems; and revocation procedures. 

The proposed modification to the existing WPCSOCC rules will have a potential to impact the approximately 6,000 
currently certified operators and individuals that will seek initial certification while the rules are in effect. In addition, 
the modification may affect holders of the various permits that require certified operators. Although these individuals 
may be affected by these modifications, the impact of the modifications should not be significant. 

APA #: E2203 

SUBJECT: Stage II Piping 

RULE CITATION #: 15A NCAC 2D .0953 

STATUTORY AUTHORITY: G. S. 143-215. 3(a)(1); 143-215. 107(a); 150B-21.6 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 3/3/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To change the minimum slope for Stage II piping from 1/4 inch to 1/8 inch. 

SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2D .0953, Vapor Return Piping for Stage II Vapor Recovery, currently specifies a minimum grade 
of 1/4 inch per foot for vapor return pipes. The specifications contained in this rule are based on the standards 
established by the California Air Resources Board (CARB). CARB specifies a minimum slope of 1/8 inch per foot. 
Most tank installers are aware of the 1/8 inch per foot slope, but many do not seem aware of the 1/4 inch per foot slope. 
The proposed rule amendment would change the 1/4 inch slope requirement to 1/8 inch. This change of the slope would 
better serve both the facilities and the public since the use of non-CARB certified equipment would be minimized. 

APA ft: E2204 

SUBJECT: Monitoring and Modeling 

RULE CITATION ft: 15A NCAC 2D .1106, .0806, .2200 (New Section) 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a); 143-215.66 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 3/3/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To prescribe general criteria for the Director of DAQ to follow when deciding to require the owner or operator of a 
facility to model that facility or to install and operate ambient monitoring sites around a facility. 

SCOPE/NATURE/SUMMARY : 

The air toxic rules contain a requirement for modeling and provide procedures and criteria that must be met for a valid 
modeling demonstration (15A NCAC 2D . 1 106, Determination of Ambient Air Concentration). The transportation 
facility rules contain criteria for the Director of DAQ to follow when deciding if modeling or ambient monitoring is 
needed for a transportation facility (15A NCAC 2D .0806, Ambient Monitoring and Modeling Analysis). The 
prevention of significant deterioration (PSD) rule, 15A NCAC 2D .0530, had monitoring and modeling criteria. 
However, the air quality rules do not contain any general monitoring or modeling criteria or procedures. 

The proposed change being considered would specify criteria that the Director of DAQ would follow to decide if the 
owner or operator of a facility needs to model that facility or to establish and operate ambient monitoring sites around 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1979 



RULE-MAKING AGENDA 



that facility. It would also specify procedures that the owner or operator would need to follow and criteria that modeling 
and monitoring would have to meet. 

The benefit of this change is that the owners or operators of facilities and the public would know under what conditions 
the owners or operators of facilities may have to do monitoring or modeling. They would also know what is expected 
of them if they are required to model or monitor. 

APA #: E2205 
SUBJECT: Construction and Operation Permit 
RULE CITATION #: 15A NCAC 2Q .0300 
STATUTORY AUTHORITY: G.S. 143-215.108 
DIVISION/SECTION: AIR QUALITY 
DIVISION CONTACT: Thomas Allen 
DIVISION CONTACT TEL#: (919)733-1489 
DATE INITIATED: 3/6/97 
DURATION OF RULE: Permanent 
TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: 
REASON FOR ACTION : 

To mcorporate into Section 15A NCAC 2Q .0300, Construction and Operation Permit, various protections and duties 

for permittees. 
SCOPE/NATURE/SUMMARY : 

The general permitting procedure rules in Section 15A NCAC 2Q .0300 lack some of the clarity contained in Section 

15A NCAC 2Q .0500, Title V Procedures, concerning protection and duties of permittees. Some of these protections 

and duties need to be detailed in Section 15A NCAC 2Q .0300. 

Language needs to be added clearly to allow terms and conditions of permits to be securable so that various permit 
requirements will continue to be valid in the event of a challenge to any other portion of the permit. This would allow 
a facility to continue to operate under those parts of its permit not being challenged while the disputed portion is being 
resolved. (The parts of the facility affected by the parts of the permit being challenged could not be operated under the 
challenged parts of the permit.) 

Language needs to be added to allow an existing permit to remain in effect when the permittee has submitted an 
application to renew his permit but the Division has failed to act on the application before the existing permit expires. 
(This could occur if the applicant submits his renewal application late or if the Division does not act on the application 
within the time specified in the rules.) Such provision would allow the facility to be operated legally under the old 
permit, thereby keeping it from having to cease operation. 

Language needs to be added to make clear that: 

1. A permittee has a duty to comply with his permit and that noncompliance with any condition of the permit 
is grounds for enforcement action; for permit termination, revocation and reissuance, or revision; or for denial 
of a permit renewal application; 

2. A permittee may not use as a defense in an enforcement action that halting or reducing the permitted activity 
would have been necessary to maintain compliance with the conditions of the permit; 

3. A permittee is obliged to furnish the Division, in a timely manner, any reasonable information that the 
Director may request in writing to determine whether cause exists for revising, revoking and reissuing, or 
terminating the permit or to determine compliance with the permit; 

4. An applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit 
application shall, upon becoming aware of such failure or incorrect submittal, submit, as soon as possible, 
such supplementary facts or corrected information. 

Other items that need to be added include language that: 

1. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, 
notification of planned changes, or anticipated noncompliance does not stay any permit condition; 

2. The permit does not convey any property rights of any sort, or any exclusive privileges. 



1980 NORTH CAROLINA REGISTER April 15, 1997 11:26 



RULE-MAKING AGENDA 



The foregoing list is not an all inclusive list of items to add to Section 15 A NCAC 2Q .0300. Other items and issues 
may also need consideration for inclusion. 

APA #:H6611 

SUBJECT: Method of Reporting & Reportable Diseases and Conditions 

RULE CITATION #: 15A NCAC 19A .0101, .0102 

STATUTORY AUTHORITY: G.S. 130A-134; 130A-135; 130A-138; 130A-139; 130A-141 

DIVISION/SECTION: EPIDEMIOLOGY/COMMUNICABLE DISEASES 

DIVISION CONTACT: Newt MacCormack 

DIVISION CONTACT TEL#: (919)715-7394 

DATE INITIATED: 2/21/97 

DURATION OF RULE: Permanent 8/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State 

REASON FOR ACTION : 

The current list of reportable diseases is being modified to reflect emerging areas of public health significance as well 
as to provide accurate information which will assist in the development of control measures to restrict the transmission 
of disease, will provide direction for efforts to combat potential drug resistant organisms, and will expand the base of 
knowledge used to facilitate epidemiologic monitoring and program development. 

The method of reporting for public and private laboratories will be expanded to include important communicable disease 
information and to increase efficiency and timeliness of implementing control measures. 
SCOPE/NATURE/SUMMARY : 

15A NCAC 19A .0101 provides a listing of diseases and conditions which are declared to be dangerous to the public 
health and are made reportable within a specified time period after the disease is reasonably suspected to exist. 

15 A NCAC 19A .0102 describes the method by which reportable diseases and conditions are to be reported. This 
includes the time frame for reporting and appropriate use of supplementary surveillance forms. 

APA #: H6612 

SUBJECT: Control Measures - General / Control Measures - Tuberculosis 

RULE CITATION #: 15A NCAC 19A .0201 & .0205 

STATUTORY AUTHORITY: G.S. 130A-133; 130A-135; 130A-144; 130A-145; 130A-148(h) 

DIVISION/SECTION: EPIDEMIOLOGY/COMMUNICABLE DISEASES 

DIVISION CONTACT: James Jones 

DIVISION CONTACT TEL#: (919)733-3082 

DATE INITIATED: 2/21/97 

DURATION OF RULE: Permanent 8/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The changes in .0201 are technical changes and do not make substantive changes in the provisions of this rule. The 
name of the reference publication heretofore known as "Control of Communicable Diseases in Man" has been changed 
by the publisher to "Control of Communicable Diseases Manual" and this amended rule reflects this new name. Also, 
certain addresses and how to obtain the reference information have been modified in these proposed changes. 

The proposed changes in .0205 are both technical and make substantive changes in the provisions of this rule. The 
changing patterns of TB prevalence and incidence and better imderstanding of how to detect and control the disease have 
led to new recommendations for control measures from national and state authorities. At times in the past, the 
requirements of certain control measures were not clear because the references cited in this rule as the source of control 
measures made recommendations rather than outlining the specific measures that needed to be taken to detect and control 
tuberculosis. This proposed rule requires that recommendation in the reference documents be considered control 
measurers, except as otherwise provided in the rule. The other proposed changes to the rule are designed to clarify, 
to make technical changes, or to incorporate recent recommendations from the Centers for Disease Control and 
Prevention for detection and control of tuberculosis. 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1981 



RULE-MAKING AGENDA 



SCOPE/NATURE/SUMMARY : 

15A NCAC 19A .0201 identifies the reference and how to obtain a copy of the reference for most of the control 
measures in Section .0200 of the rule. The rule also describes how the control measures should be applied to specific 
individuals with certain communicable conditions and how to apply isolation and quarantine measures. 

15A NCAC 19A .0205 establishes requirements and control measures for the detection and control of tuberculosis in 
persons who have, or are suspected to have active disease; contacts to those persons; and persons without active disease 
who are suspected to have, or actually have tuberculosis infection. The rule also identifies the references and how to 
obtain a copy of the references which describe the requirements for detection and control of tuberculosis and how to 
apply the control measures outlined in this rule. 

APA #: N1839 

SUBJECT: Fishery Resource Grant Program 

RULE CITATION #: 15A NCAC 31 .0117 

STATUTORY AUTHORITY: G.S. 113-134: 113-190; 143B-289.4 

DIVISION/SECTION: MARINE FISHERIES 

DIVISION CONTACT: Juanita T. Gaskill 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 3/20/97 

DURATION OF RULE: Temporary 3/14/97 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Legislative action (Chapter 633, House Bill 1077) transferred administration of the Fishery Resource Grant Program 
from the North Carolina Division of Marine Fisheries to the North Carolina Sea Grant Program. In order to administer 
the 1997 Grants, these Marine Fisheries Commission rules need to be amended to reflect these changes in 
administration. 

SCOPE/NATURE/SUMMARY : 

This rule outlines the purpose of the program, the types of projects for which funding will be considered, the 
requirements for eligibility, the procedures for review of proposals, the procedures for awarding of grants and for filing 
reports including the method of payment. The Fishery Resource Grant Program is currently funded at SI million 
annually. 

APA #: N1841 

SUBJECT: Production requirements for leases and franchises 

RULE CITATION #: 15A NCAC 3 

STATUTORY AUTHORITY: G.S. 113-134; 113-182; 113-221 

DIVISION/SECTION: MARINE FISHERIES 

DIVISION CONTACT: Juanita Gaskill 

DIVISION CONTACT TEL#: (919)726-7021 

DATE INITIATED: 3/19/97 

DURATION OF RULE: Permanent 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To change the measurement for production requirements for leases and franchises for clams from bushels to numbers; 
to defme educational institution for the purposes of water column demonstration projects; to define bottom disturbing 
gear which is prohibited on leases and franchises; to define shrimp trawl, forklength for measurement of fish, and 
juvenile fmfish and shrimp; amend the areas where pots may be used to allow for buffer zones for channels and basins 
marked by state or federal agencies for navigational purposes; establish proclamation authority for management of 
blueback herring, alewife, American shad and hickory shad; or adopt hook-and-line limits for blueback herring, alewife, 
American shad and hickory shad; adopt size limits for kingfish (sea mullet), spot, and Atlantic croaker to aid the 
definition of scrapfish; prohibit trawling at night in portions of New River and in the Ocean from Frying Pan Shoal to 
the South Carolina line; require immediate return of fish to waters where taken when they can not be legally retained; 
prohibit the use of gill nets less than a specified minimum size; restrict or prohibit the use of commercial gear near Cape 
Hatteras year-round; restrict ocean beach seines regarding weakfish harvest; and technical changes. 



1982 NORTH CAROLINA REGISTER April 15, 1997 11:26 



RULE-MAKING AGENDA 



I 



SCOPE/NATURE/SUMMARY : 

Production requirements for leases and franchises; pot designated areas; blueback herring, alewife, American shad and 
hickory shad; kingfish (sea mullet), spot, Atlantic croaker, scrapfish; definitions for (1) forklength, (2) bottom 
disturbing gear, (3) educational institution, (4) juvenile finfish and shrimp, and (5) shrimp trawl or trawling; use of 
commercial gear near Cape Hatteras; trawling in New River and in the Ocean from Frying Pan Shoal to the South 
Carolina line; immediate return of fish to water if illegal; required minimum mesh size for gill nets; restrictions on 
ocean beach seines; and technical changes. 



\ 



\ 



11:26 NORTH CAROLINA REGISTER April 15, 1997 1983 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary nde sen-es as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 13 - DEPARTMENT OF LABOR 



CHAPTER 7 - OSHA 



Re gister the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings arui any comments 
received on this notice. 



'\Totice of Rule-making Proceedings is hereby given by the 
ly North Carolina Department of Labor - Division of 
Occupational Safety and Health in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Re gister the text of the nde(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

13 NCAC 07A .0302. Additional rules may be amended to 
reference or conform to this rule. 

Authority for the rule-making: G.S. 95-4; 95-131 

Statement of the Subject Matter: The Division of 
Occupational Safety and Health (OSHNC) is preparing to 
submit amendment (s) that will clarify and update where 
copies of incorporated by reference material can be obtained 
and the cost of said copies. 

Reason for Proposed Action: To clarify and update where 
copies of incorporated by reference material can be obtained 
and the cost of said copies. 

Comment Procedures: The purpose of this announcement 
is to encourage all interested and potentially affected persons 
or parties to make their views known to the Division of 
Occupational Health and Safety (OSH) whether in favor of or 
opposed to any and all provisions of the proposal being 
noticed. Written comments, data, or other information 
relevant to this proposal must be submitted within 60 days 
(6/16/97). Written comments may be submitted to: Peggy D. 
Morris, Division of Occupational Safety and Health, 319 
Chapanoke Road. Suite 105, Raleigh, NC 27603-3432. Fax 
transmittals may be directed to (919) 662-4582. 

****************** 

CHAPTER 16 - MIGRANT HOUSING 

"KJotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Department of Labor - Division of 
Occupational Safety and Health in accordance with G.S. 
150B-21 .2. The agency shall subsequently publish in the 



Citation to Existing Rules Affected by this Rule-Making: 

13 NCAC 16 .0102, .0201 - .0208. .0301 - .0303. 
Additional rules may be added during the rule-making 
process. 

Authority for the rule-making: G.S. 95-4; 95-131 

Statement of the Subject Matter: The Division of 
Occupational Safety and Health (OSHNC) is preparing to 
submit amendments to the Migrant Housing rules (13 NCAC 
16) to provide a voluntary, self-inspection program to owners 
of migrant housing and to clarify enforcement, penalty and 
appeals procedures related to compliance with migrant 
housing rules. 

Reason for Proposed Action: Proposed changes willfully 
implement a voluntary, self-inspection program for owners of 
migrant housing that has been experimentally implemented 
under the name Gold Star Grower. The program will 
recognize and encourage those owners of migrant housing 
that self-identify' and eliminate hazards, while contributing to 
the efficient and economical operation of OSHNC. 
Clarifications regarding enforcement, penalty and appeals 
procedures are needed to specify when actions under the 
Migrant Housing Act will follow Occupational Safety and 
Health Act procedures and when they will differ. 

Comment Procedures: The purpose of this announcement 
is to encourage all interested and potentially affected persons 
or parties to make their views known to the Division of 
Occupational Health and Safety (OSHNC) whether in favor 
of or opposed to any and all provisions of the proposal being 
noticed. Written comments, data, or other information 
relevant to this proposal must be submitted within 60 days 
(6/16/97). Written comments may be submitted to: Peggy D. 
Morris, Division of Occupational Safety and Health. 319 
Chapanoke Road, Suite 105, Raleigh, NC 27603-3432. Fax 
transmittals may be directed to (919) 662-4582. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



1984 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



RULE-MAKING PROCEEDINGS 



^btice of Rule-making Proceedings is hereby given by the 
EHNR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re gister the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Malting: 

15A NCAC2B .0304, .0306 - .0309, .0311, .0313, .0316 - 
. 031 7. Other niles may be proposed in the course of the 
rule-making process. 

Autliority for the rule-making: G.S. 143-214.1; 143- 
215.1; 143-21 5. 3 (a)(1) 

Statement of the Subject Matter: Proposed reclassification 
ofse\'eral streams due to proposed revisions to WS-IV (water 
supply) ten-mile Protected Area boundaries. The potentially 
affected water supplies are: Broad River, Second Broad 
River (Forest City), Second Broad River. First Broad River, 
Deep River (Gulf-Goldston), Deep River (Lee County), Cape 
Fear River (Sanford), Cape Fear River (Lillington) , Cape 
Fear River (Dunn), South Fork Catawba River (High 
Shoals), South Fork Catawba River (Lincolnton), South Fork 
Catawba River (Dallas /Ranlo), Hoyle Creek, French Broad 
River (Asheville), North Toe River, South Fork New River 
(Jefferson), Pasquotank River, Dan River (Madison), Mayo 
River, Tar River (Greenville), Tar River (Oxford), Tar River 
(Louisburg), Tar River (Tarboro), Yadkin River (Jonesville) , 
Yadkin River (King), Yadkin River (Davie County), Yadkin 
River (Winston-Salem/lower), Yadkin River (Winston- 
Salem/upper), Yadkin River (Davidson County), Yadkin River 
(Salisbury), and South Yadkin River (Cooleemee). 



resolutions were from counties and eight were from 
municipalities. The resolutions affect 29 of the 55 WS-IV 
water supplies with a ten-mile Protected Area. The result of 
the proposed WS-IV ten-mile Protected Area boundary 
modifications will be that local governments having 
jurisdiction within the affected area will have the option of 
revising their area of coverage for water supply watershed 
protection. In general, less area will be affected. The area 
affected by state permitting requirements for landfills, 
residual application sites and wastewater dischargers will 
also potentially be reduced. Streams within the areas 
proposed for revision will be considered for reclassification. 
In general, mainstem waterbodies that are currently 
classified as WS-IV, that are within the Protected Area being 
considered for revision, will become WS-V, and most affected 
tributaries will become Class C. Affected tributaries 
classified B will remain Class B. 

Comment Procedures: The purpose of the announcement is 
to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
June 16, 1997. It is very important that all interested and 
potentially affected persons or parties make their views 
known to the Environmental Management Commission 
(EMC) whether in favor or opposed to any and all provisions 
of the proposal being noticed. Written comments may be 
submitted to: Steve Zoufaly, DEHNR/Division of Water 
Quality, Planning Branch, PO Box 29535, Raleigh, NC 
27626-0535. (919) 733-5083, extension 566. 






******** 



CHAPTER 3 - MARINE FISHERIES 



Reason for Proposed Action: The Environmental 
Management Commission (EMC) was petitioned in early 
1996 to interpret the definition of the Protected Area [rule 
15A NCAC 2B .0202(46)]. The question was raised whether 
the Protected Area boundary for WS-IV run-ofthe-river 
water supplies should be measured either as ten miles "as- 
the-river-flows " or "linearly. " On May 9, 1996, the EMC 
clarified the definition by stating that the "as-the-river-fiows " 
method is the appropriate method in determining the 
Protected Area for WS-IV run-ofthe-river water supplies. 
The EMC stated that each proposed modification to the WS- 
rv Protected Area must go through the rule-making process. 
The EMC also stated that local water supply protection 
ordinances would remain in effect until reclassification. 
Local governments within WS-IV ten-mile Protected Area 
water supplies were sent a letter of notification on June 4, 
1996 of the EMC's interpretation decision. The letter 
instructed those local governments desiring to have the 
Protected Area boundaries within their jurisdiction revised, 
based on the EMC's interpretation, to submit a request to the 
Division of Water Quality by October 31, 1996. Twenty -one 
local government resolutions were received. Thirteen 



'KJotice of Rule-making Proceedings is hereby given by the 
1 y EHNR - Marine Fisheries in accordance with G.S. 
150B-21 .2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 3. Other rules may be proposed in the course of 
the rule-making process. 

Authority for the rule-making: G.S. 113-134; 113-182; 
113-221 

Statement of the Subject Matter: Production requirements 
for leases and franchises; pot designated areas; blueback 
herring, alewife, American shad and hickory shad; kingfish 
(sea mullet), spot, Atlantic croaker, scrapfish; definitions for 
(1) forklength, (2) bottom disturbing gear, (3) educational 
institution, (4) juvenile finfish and shrimp, and (5) shrimp 
trawl or trawling; use of commercial gear near Cape 
Hatteras; trawling in New River and in the Ocean from 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1985 



RULE-MAKING PROCEEDINGS 



Frying Pan Shoal to the South Carolina line; immediate 
return offish to water if illegal; required minimum mesh size 
for gill nets: restrictions on ocean beach seines; and 
technical changes. 

Reason for Proposed Action: To change the measurement 
for production requirements for leases and franchises for 
clams from bushels to numbers; to define educational 
institution for the purposes of water column demonstration 
projects; to define bottom disturbing gear which is prohibited 
on leases and franchises; to define shrimp trawl, forklength 
for measurement of fits h. and juvenile finfish and shrimp; 
amend the areas where pots may be used to allow for buffer 
zones for channels and basins marked by state or federal 
agencies for navigational purposes; establish proclamation 
authority for management of blueback herring, alewife, 
American shad and hickory shad or adopt hook-and-line 
limits for blueback herring, alewife. American shad and 
hickorv shad; adopt size limits for kingfish {sea mullet), spot 
and Atlantic croaker to aid the definition of scrapfish; 
prohibit trawling at night in portions of New River and in the 
Ocean from Frying Pan Shoal to the South Carolina line; 
require immediate return offish to waters where taken when 
they can not be legally retained; prohibit the use of gill nets 
less than a specified minimum size; restrict or prohibit the 
use of commercial gear near Cape Hatteras year-round; 
restrict ocean beach seines regarding weakfish harvest; and 
technical changes. 



highways. 

Reason for Proposed Action: A similar rule was repealed 
in error November 1, 1993. With the projected increase in 
rail travel, the Department must respond to safety of the 
traveling public at rail crossings. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee. Department of Transportation. PO 
Box 25201. Raleigh, NC 27611, within 30 days afier the 
proposed rules are published. 

CHAPTER 2 - DIVISION OF HIGHWAYS 

\Totice of Rule-making Proceedings is hereby given by the 
J. V North Carolina Department of Transportation - Division 
of Highways in accordance with G.S. 150B-21.2. The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
nde-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by this Rule-Making: 

19A NCAC 02B .0303. Other rules may be proposed in the 
course of the rule-making process. 



Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission. PO Box 769. Morehead 
City, NC 28557. Comments will be accepted through June 
16, 1997. 



TITLE I9A - DEPARTMENT OF STATE 
TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

A Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Department of Transportation - Division 
rf //.'j.'jv.'.'n.s' in accordance with G.S. 1508-21. 2. The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 



Authority for the rule-making: G.S. 136-18(5); 136-30 

Statement of the Subject Matter: Rule states conditions 
which must be met for a roadway to be designated as a North 
Carolina primary highway. 

Reason for Proposed Action: Rule is proposed for 
amendment to conform to existing highway procedures. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation, PO 
Box 25201. Raleigh, NC 27611, within 30 days afier the 
proposed rules are published. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



Citation to Existing Rules Affected by this Rule-Making: 

79/4 NCAC 02B . 0242. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 136-18(5); 136-18(1); 
136-20 

Statement of the Subject Matter: Rule proposed for 
adoption clarifies requirements for railroad crossings on 



CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

'KJotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Medical Board in accordance with G.S. 
150B-21 .2. The agency shall subsequently publish in the 
Register the text of the nde(s) it proposes to adopt as a result 
of this notice of nde-making proceedings and any comments 
received on this notice. 



1986 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



RULE-MAKING PROCEEDINGS 



\ 



Citation to Existing Rules Affected by this Rule-Making: 

2 1 NC AC 32H Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 143-514 

Statement of the Subject Matter: The North Carolina 
Medical Board proposes to amend appropriate sections of the 
Rules for Advanced Life Support (ALS) Programs (21 NCAC 
32H) to implement recommendations of a statewide task force 
made up of ambulance providers, physicians, nurses, 
administrators, and EMS education specialists which has 
conduaed an in depth study of existing rules, including input 
from public meetings. Issues addressed by the amendments 
include deletion of the EMT-Advanced Intermediate level of 
care; increased skill capability for the EMT-Defibrillation 
and EMT-Intermediate levels of care; wording to allow the 



use of Automatic External Defibrillators (AED) by first 
responder personnel; and clarification of the processes for 
appointment of ALS medical directors and administratively 
responsible sponsor hospitals. 

Reason for Proposed Action: These changes will better 
reflect the current trends in the abilities and certification 
levels of out -of -hospital EMS providers nationwide as well as 
the recommendations of EMS providers in North Carolina. 

Comment Procedures: Persons who wish to rrmke comment 
during the development of these rules should contact: Mr. 
Ed Browning, Assistant Chief - Education, North Carolina 
Office of Emergency Medical Services, PO Box 29530, 
Raleigh, NC 27626-0530, (919) 733-2285, (919) 733-7021. 



> 



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11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1987 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days 
from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The 
required comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars 
($5.000.000). Statutory reference: G.S. 150B-21 .2. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Marine Fisheries 
Commission intends to adopt rule 15A NCAC 3M .0514 and 
amend rules cited as 15A NCAC 3M .0503. .0506, .0507. 
Notice of Rule-making Proceedings was published in the 
Register on September 3, 1996 and December 16, 1996. 

Proposed Effective Date: Juh 1. 1998 

A Public Hearing will be conducted at 7:00 p.m. on May 
28. 1997 at the North Carolina Aquarium, Airport Road, 
Manteo, NC. 

Reason for Proposed Action: For Rule 3M .0503 - The 
joint MAFMC-ASMFC Summer Flounder Fishery 
Management Plan contains a compliance requirement that 
states manage their annual quota without exceeding it. 
Establishment of a trip limit and the ability to close the 
season when 100% of the quota is taken is necessary in order 
to comply with these requirements. Compliance with 
requirements of fisheries management plans is also required 
by the Atlantic Coastal Fishery Cooperative Management 
Act. For Rule .0506 - The Black Sea Bass Fishery 
Management Plan has been amended to require compliance 
measures be instituted by states for waters north of Hatteras. 
Amendment of this nde to establish proclamation authority 
in order to assure compliance with this plan is necessary. 
Compliance with requirements of fisheries management plans 
is also required by the Atlantic Coastal Fishery Cooperative 
Management Act. For Rule 3M .0507 - The National Marine 
Fisheries Service adopted a nde, effective June 18. 1996. 
changing the size limit for yellowfin tuna to 27 inches. This 
federal rule pre-empts NC Marine Fisheries rule. The NC 
Marine Fisheries Commission feels the size limit should be 
enforced by National Marine Fisheries Service officers, 
rather than adopt a similar size limit. For Rule 3M .0514 - 
Recent approval of the Scup Fishery Management Plan by the 
Secretary of Commerce and the ASMFC requires North 
Carolina to implement several provisions in order to be in 
compliance. Adoption of this rule alloKvs the Fisheries 
Director to take measures to assure compliance with this 
plan. Compliance with requirements of Fisheries 
Management Plans is also required by the Atlantic Coastal 
Fishery Cooperative Management Act. 

Comment Procedures: Comments and statements, both 



written and oral, may be presented at the hearing which will 
be at the NC Aquarium, Airport Road, Manteo, NC on May 
28, 1997, beginning at 7:00 p.m. Written comments are 
encouraged and may be submitted to the Marine Fisheries 
Commission, PO Box 769, Morehead City, NC 28557. These 
written and oral comments must be received no later than 
June 2, 1997. Oral presentation lengths may be limited, 
depending on the number of people that wish to speak at the 
public hearing. 

Fiscal Note: These Rules do not affect the expenditures or 
re\enues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FEVnSH 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder less than 13 inches 
in length. 

(b) Between October 1 and April 30, it shall be unlawful 
to use a trawl in the Atlantic Ocean within three miles of the 
ocean beach from the North Carolina/Virginia stale line (35 ' 
33' N) to Cape Lookout (34' 36' N) unless each trawl has a 
cod end (tailbag) mesh length greater than 5 Vi inches 
diamond mesh (stretched) or 6 inches square mesh (stretched) 
applied throughout the cod end for at least 75 continuous 
meshes forward of the terminus (end) of the net, or the 
terminal one-third portion of a net, measured from the 
terminus of the cod end to the head rope for cod ends with 
less than 75 meshes, except as provided in Paragraphs (i) and 
(j) of this Rule. 

(c) License to Land Flounder from the Atlantic Ocean: 

(1) It is unlawful to land more than 100 pounds per 
trip of flounder taken from the Atlantic Ocean 
imless the vessel has been issued a License to Land 
Flounder from the Atlantic Ocean. 

(2) It is unlawful for a fish dealer to purchase or 
offload more than 100 pounds of flounder taken 
from the Atlantic Ocean by a vessel that has not 
first procured a valid North Carolina License to 
Land Flounder from the Atlantic Ocean. 

(3) To qualify for a North Carolina License to Land 
Flounder from the Atlantic Ocean, a vessel shall 
have: 



1988 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



PROPOSED RULES 



\ 



\ 



) 



(A) been licensed under G.S. 113-152 or 113- 
153 during any two of the 1992-93, 1993- 
94, or 1994-95 license years, and 

(B) landed in North Carolina at least 1,000 
pounds of flounder each year from the 
Atlantic Ocean during any two of the 1992- 
93, 1993-94, or 1994-95 license years for 
which the vessel was licensed to land in 
North Carolina. 

(4) At least 10 days prior to issuance, applicants for 
the license shall complete an application form 
provided by the Division of Marine Fisheries and 
submit it to the North Carolina Division of Marine 
Fisheries, Post Office Box 769, 3441 Arendell 
Street, Morehead City, North Carolina 28557. 
The following information is required: 

(A) Valid documentation papers or current 
motor boat registration or copy thereof; 

(B) Proof of required licenses and flounder 
landings data for that vessel during the years 
the vessel was licensed. 

Licenses shall be issued to qualifying vessels at no 
fee and only from the Morehead City Office of the 
Division of Marine Fisheries. 

(5) Licenses may only be transferred: 

(A) with the transfer of the ownership of a 
vessel holding a License to Land Flounder 
from the Atlantic Ocean to the new owner 
of that vessel, or 

(B) by the owner of a vessel to another vessel 
under the same ownership. The vessel 
owner is only eligible for the same number 
of Licenses to Land Flounder from the 
Atlantic Ocean for which his boats qualify, 

(C) any transfer of license under this Paragraph 
must be facilitated through the Division of 
Marine Fisheries Morehead City Office 
only. 

(6) It is unlawful for any individual to land flounder 
from the Atlantic Ocean without having ready at 
hand for inspection a valid License to Land 
Flounder from the Atlantic Ocean, except as 
specified in Subparagraph (c)(1) of this Rule. 

(7) Suspension or Revocation: 

(A) A License to Land Flounder from the 
Atlantic Ocean issued under this Rule shall 
be subject to suspension or revocation 
pursuant to the provisions of 15 A NCAC 
3P, except that this license shall be subject 
to revocation pursuant to the provisions of 
G.S. 113-166 when the licensee is convicted 
of a criminal offense within the jurisdiction 
of the Department under the provisions of 
Subchapter IV of G.S. 1 13, or of the rules 
of the Marine Fisheries Commission 
adopted under the authority of that 
Subchapter. 



(B) The Division may commence proceedings 

under 15A NCAC 3P, for suspension or 

revocation of a License to Land Flounder 

from the Atlantic Ocean if it finds: 

(i) the license was obtained by providing 

any false information or willfully 

omitting required information when 

the information is material to the 

securing of the license; or 

(ii) the license was falsified, fraudulently 

altered, or counterfeited; or 
(iii) the licensee practices any fraud or 
deception designed to evade the 
provisions of this Rule or reasonable 
administrative directives made under 
the authority of this Rule or G.S. 
113-182(b)(3). 

(d) It is unlawful to transfer flounder taken from the 
Atlantic Ocean from one vessel to another. 

(e) It is unlawful to possess flounder less than 14 inches 
total length taken by hook-and-line or gig from the Atlantic 
Ocean. 

(f) It is unlawful to possess more than 8 flounder per 
person per day taken by hook-and-line or gig from the 
Atlantic Ocean. 

(g) Persons with a vessel endorsement to sell or a 
nonvessel endorsement to sell are exempt from the possession 
limit in Paragraphs (e) and (f) of this Rule. 

(h) Tailbag liners of any mesh size, the multiple use of 
two or more cod ends, or other netting material that in any 
way could restrict the legal size mesh required by this Rule, 
shall not be used or possessed on the deck of a vessel in the 
Atlantic Ocean between October 1 and April 30 from the 
North Carolina/Virginia state line (36° 33' N) to Cape 
Lookout (34° 36' N). 

(i) Trawls with a cod end mesh size smaller than described 
in Paragraph (b) of this Rule may be used or possessed on the 
deck of a vessel provided not more than 100 pounds of 
flounder per trip from May 1 through October 3 1 or more 
than 200 pounds from November 1 through April 30 is 
possessed aboard or landed from that vessel. 

(j) Fly nets are exempt from the flounder trawl mesh 
requirements if they meet the following definition: 

(1) The net has large mesh in the wings that measure 
8 inches to 64 inches; 

(2) The first body section (belly) of the net has 35 or 
more meshes that are at least 8 inches; and 

(3) The mesh decreases in size throughout the body of 
the net to as small as 2 inches or smaller towards 
the terminus of the net. 

(k) Season. 
(1) The North Carolina season for landing ocean- 
caught flounder shall open January 1 each year. If 
70 percent of the quota allocated to North Carolina 
in accordance with the joint Mid- Atlantic Fisheries 
Management Council-Atlantic States Marine 
Fisheries Commission Fishery Management Plan 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1989 



PROPOSED RULES 



for Summer Flounder is projected to be taken, the 
Fisheries Director shall, by proclamation, close 
North Carolina ports to landing of flounder taken 
from the ocean. 

(2) The season for landing flounder taken in the 
Atlantic Ocean shall reopen November i if any of 
the quota allocated to North Carolina in 
accordance with the joint Mid-Atlantic Fisheries 
Management Council-Atlantic States Marine 
Fisheries Commission Fishery Management Plan 
for Summer Flounder remains. If after reopening. 
100 percent of the quota allocated to North 
Carolina in accordance with the joint Mid-Atlantic 
Fisheries Management Council-Atlantic States 
Marine Fisheries Commission Fishery 
Management Plan for Summer Flounder is 
projected to be taken prior to tlie end of the 
calendar year, the Fisheries Director shall, by 
proclamation, close North Carolina ports to 
landing of flounder taken from the ocean. During 
the closed season, vessels may land up to 100 
pounds of flounde r pe r tri p taken from th e Atlantic 
Ocean. 

(3) During any closed season prior to November L. 
vessels may land up to 100 pounds of flounder per 
trip taken from the Atlantic Ocean. The season for 
landing flounder taken in the Atlantic Ocean shall 
reopen November 1 . 

H) The Fisheries Director may, by proclamation, establish 
trip limits for the taking of flounder from the Atlantic Ocean 
to assure that the individual state quota allocated to North 
Carolina in the joint Mid-Atlantic Fisheries Management 
Council-Atlantic States Marine Fisheries Commission 
Fishery Management Plan for Summer Flounder is not 
exceeded. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

.0506 SNAPPER-GROUPER 

(a) The Fisheries Director may, by proclamation, impose 
any or all of the following restrictions in the fishery for 
species of the snapper-grouper complex listed in the South 
Atlantic Fishery Management Council Fishery Management 
i^ian tor tne Snapper-Grouper Fishery of the South Atlantic 
Regi o n. Region and for sea bass north of Cape Hatteras in 
order to comply with or utilize conservation equivalency to 
comply with the management requirements incorporated in 
the Fishery Management Plan for Sea Bass developed 
cooperatively by the Mid-Atlantic Fishery Management 
Council and the Atlantic States Marine Fisheries 
Commission: 

(1) Specify size; 

Specify seasons; 

Specify areas; 

Specify quantity: 

Specify means/methods; and 

Require submission of statistical and biological 



(2) 
(3) 
(4) 
(5) 
(6) 



data. 
The species of the snapper-grouper complex listed in the 
South Atlantic Fishery Management Council Fishery 
Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region is hereby incorporated by reference 
and copies are available at the Division of Marine Fisheries, 
P.O. Box 769, Morehead City, North Carolina 28557 at no 
cost. 

(b) It is unlawful to possess black sea bass less than eight 
inches total length taken south of Cape Hatteras (35^ 15' N, 
Latitude). 

(c) It is unlawful to possess gag grouper (gray grouper) 
less than 20 inches total length. 

(d) It is unlawful to possess black grouper less than 20 
inches total length. 

(e) It is unlawful to possess red snapper less than 20 
inches total length. 

(f) It is unlawful to possess red grouper less than 20 
inches total length. 

(g) It is unlawful to possess yellowfin grouper (fireback 
grouper) less than 20 inches total length. 

(h) It is unlawful to possess scamp less than 20 inches 
total length. 

(i) It is unlawful to possess yellowmouth grouper less than 
20 inches total length. 

(j) Greater amberjack: 

(1) It is unlawful to possess greater amberjack less 
than 36 inches fork length except that persons 
fishing under the bag limit established in 
Subparagraph (2) of this Paragraph may possess a 
minimum 28 inch amberjack. 

(2) It is unlawful to possess more than three greater 
amberjack per person per day. 

(k) Vermilion Snapper: 

(1) It is unlawful to possess vermilion snapper 
(beeliner) less than 12 inches total length except 
that persons fishing under the bag limit established 
in Subparagraph (2) of this Paragraph may possess 
10 inch vermilion snapper. 

(2) It is unlawful to possess more than 10 vermilion 
snapper per person per day taken for non- 
commercial purposes. 

(1) It is unlawful to possess silk snapper (yelloweye 
snapper) less than 12 inches total length. 

(m) It is unlawful to possess blackfin snapper (hambone 
snapper) less than 12 inches total length. 

(n) It is unlawful to possess red porgy (pink or silver 
snapper) less than 12 inches total length. 

(o) Speckled hind (Kitty Mitchell) and Warsaw grouper: 

(1) It is imlawful to sell or offer for sale speckled hind 
or Warsaw grouper. 

(2) It is unlawful to possess more than one speckled 
hind or one Warsaw grouper per vessel per trip. 

(p) Combined Bag Limit for Snapper. It is unlawful to 
possess more than 10 vermilion snappers and 10 other species 
of snappers, of which no more than two may be red snapper, 
taken in any one day unless fishing aboard a vessel holding 



1990 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



PROPOSED RULES 



a federal vessel permit for snapper-grouper authorizing the 
bag limit to be exceeded, 
(q) Combined Bag Limit for Grouper: 

(1) It is unlawful to possess more than five grouper 
taken in any one day unless fishing aboard a vessel 
holding a federal vessel permit for snapper-grouper 
authorizing the bag limit to be exceeded. 

(2) Vessels holding a federal permit authorizing the 
bag limit to be exceeded may not possess more 
than one speckled hind or one Warsaw grouper. 

(r) It is unlawful to possess Nassau grouper or jewfish. 
(s) Fish Traps/Pots: 

(1) It is imlawful to use or have on board a vessel fish 
traps for taking snappers and groupers except sea 
bass pots as allowed in Subparagraph (2) of this 
Paragraph. 

(2) Sea bass may be taken with pots that conform with 
the federal rule requirements for mesh sizes and 
pot size as specified in 50 CFR Part 646.2 and 
openings and degradable fasteners specified in 50 
CFR Par t 646-22(c)(2)(i). Part 646-22(c)(2)(i) and 
rules published in 50 CFR Part 648.144 pertaining 
to sea bass north of Cape Hatteras (35 " 15' N 
Latitude). 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

.0507 RECREATIONAL FISHING RESTRICTIONS 

(a) Blue marlin: 

(1) It is unlawful to possess blue marlin less than 86 
inches in length from the lower jaw to the fork in 
the tail. 

(2) It is unlawful to possess more than one blue marlin 
per person per day. 

(b) White marlin: 

(1) It is unlawful to possess white marlin less than 62 
inches in length from the lower jaw to the fork in 
the tail . 

(2) It is unlawful to possess more than one white 
marlin per person per day. 

(c) Sailfish: 

(1) It is unlawful to possess sailfish less than 57 inches 
in length from the lower jaw to the fork in the tail. 

(2) It is imlawful to possess more than one sailfish per 
person per day. 

(d) Cobia: 

(1) It is unlawful to possess cobia less than 33 inches 
for length taken by hook-and-line. 

(2) It is unlawful to possess more than two cobia per 
person per day taken by hook-and-line. 

(e) Dolphin: 

(1) It is unlawful to possess more than 10 dolphin per 
person per day. 

(2) Exemptions: 

(A) Charter vessels with a valid National 
Marine Fisheries Service Charter Vessel 
Coastal Migratory Pelagic Permit and 



licensed by the U.S. Coast Guard to carry 
six or less passengers for hire, may possess 
a maximum of 60 dolphin per day 
regardless of the number of people on 
board. 
(B) Vessels with a valid commercial National 
Marine Fisheries Service Federal Coastal 
Migratory Pelagic Permit including 
charterboats when fishing with three or less 
persons (including captain and mate) on 
board are exempt from the creel limits set 
out in Subparagraph (e)(1) of this Rule. 
(f) — It is unlawful to possess yellowfin tuna less than 22 
inches fo r k length taken by hook and line. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

.0514 SCUP (PORGIE) 

In order to comply with or utilize conservation equivalency 
to comply with the inanagement requirements incorporated in 
the Fishery Management Plan for Scup developed 
cooperatively by the Mid-Atlantic Fishery Management 
Council and the Atlantic States Marine Fisheries 
Commission, the Fisheries Director may, by proclamation, 
take any or all of the following actions in the scup fishery: 

(1) Specify size: 

(2) Specify seasons: 

(3) Specify areas: 

(4) Specify quantity: 

(5) Specify means/methods: and 

£6) Require submission of statistical and biological 
data. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
1508-21.2 that the North Carolina Department of 
Transportation - Division of Highways intends to amend 
rules cited as 19A NCA C 28 . 0164 and 2D . 0415. Notice of 
Rule-making Proceedings was published in the Register on 
January 15, 1997. 

Proposed Effective Date: August 7, 1998 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): A demand for 
a public hearing must be made in writing and mailed to 
Emily Lee, N.C. Dot, PO Box 25201, Raleigh, NC 27611. 
The Demand must be received within 15 days of this Notice. 

Reason for Proposed Action: 

19 A NCAC 28 .0164 - The proposed amendments shorten 

the time required to complete right of way consultant 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1991 



PROPOSED RULES 



contract process. The amended process will be simpler and 
similar to the highway construction contract process. 
19A NCAC 2D .0415 - Rule is proposed for amendment to 
change scheduled openings on SR 1172 over the Intracoastal 
Waterway at Sunset Beach. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, NC DOT. PO Box 25201, Raleigh, 
NC 27611, within 30 days after the proposed ndes are 
published. 

Fiscal Note: These Rules do not affect the expenditures or 
rex'enues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - DIVISION OF 
fflGHWAYS 

SUBCHAPTER 2B - fflGHWAY 
PLANNING 



SECTION .0100 - RIGHT OF WAY 



.0164 



USE OF RIGHT OF WAY 
CONSULTANTS 

(a) Introduction and puipose. The Noith Carolina 
Department of Transportation maintains a staff capable of 
performing the normal workload for most of the functions 
required for the acquisition of rights of way for our highway 
systems, system. However, it is recognized that situations 
arise and cenain specific needs exist which can best be met 
by the use of qualified consultants outside the Department. 
This Rule is established for the preparation, execution and 
administration of contracts for right of way acquisition 
services by consultant firms that are over ten thousand dollars 
($10,000.00). Due to the diversity of contract types, some 
portions of this Rule may not be fully applicable to all 
situations. The Right of Way Branch Manager shall be 
responsible for determining when waivers from portions of 
this Rule are justified. Guidelines for determining if a 
waiver is iustified shall include; 

(1) bmergency situation exists that affects the health 
and safety of the traveling public. 

(2) Availability of pre-qualified firms willing to 
perform specified work according to the 
Department's schedule. 

(b) The following are incorporated by reference including 
any subsequent amendments or editions: 

(1) General Statute 136-28. 1(f) and General Statute 
130A-444 thru General Statute 130A-451. 

(2) 23 CFR 710-720, FHWA right of way regulations 
which contain some contracting requirements. 

(3) 49 CFR 18.36, USDOT contracting regulations. 
These documents are available for public inspection in the 
office of the Right of Way Branch. Copies may be obtained 



from the Right of Way Consultant Coordinator at a cost of 
five dollars (S5.00) for each document. 

(c) Definitions. The following definitions are for the 
purpose of clarifying and describing words and terms used in 
this section: 

(1) Right of Way Consultant Coordinator - The 
individual who is assigned the responsibility of 
initiating, negotiating, and administering a 
contract for professional or specialized services. 

(2) Cost per Unit of Work - A method of 
compensations based on an agreed cost per unit of 
work including actual costs, overhead, payroll 
additives and operating margin. 

(3) Cost Plus Fixed Fee - A price based on the actual 
allowable cost, including overhead and payroll 
additives, incurred by the firm performing the 
work plus a pre-established fixed amount for 
operating margin. 

(4) Cost Proposal - A detailed submittal specifying the 
amount of work anticipated and compensation 
requested for the performance of the specific work 
or services as defined by the Department. 

(5) Firm - Any private agency, firm, organization, 
business or individual offering qualified right of 
way acquisition services. 

(6) Lump Sum - A fixed price, including cost, 
overhead, payroll additives and operating margin 
for the performance of specific work or services. 

(7) Payroll Burden - Employer paid fringe benefits 
including employe r s employer's portion of 
F.I.C.A., comprehensive health insurance, 
group life insurance, unemployment contributions 
to the State, vacation, sick leave, holidays, 
workers' compensation and other such benefits. 

(8) Proposal - An offer by a firm to perform specific 
work or services for the Department at specified 
rates of compensation. 

(9) Scope of Work - All services, actions and physical 
work required by the Department to achieve the 
purpose and objectives defined in the contract. 
Such services may include the furnishing of all 
required labor, equipment, supplies and materials 
except as specifically stated. 

(10) Contract Amendment - A written supplement to the 
contract which modifies the terms of an existing 
contract. 

(11) Termination Clause - A contract provision which 
allows the Department to terminate, at its 
discretion, the performance of work, in whole or 
in part, and to make final payment in accordance 
with the terms of the contract. 

(12) Right of Way Consultant Selection Committee - 
The Committee shall consist of the Branch 
Manager, Assistant Branch Manage r s, Manager. 
Unit Heads, and the Right of Way Consultant 
Coordinator or their designated representatives and 
shall be chaired by the Branch Manager. When 



1992 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



PROPOSED RULES 



Federal funds will be used as compensation for 
services to be solicited, a representative of the 
Federal Highway Administration shall sit with the 
Committee but shall not be a voting members. 
member. 

(d) Application. This Rule shall apply to all contracts for 
right of way acquisition services which cost more than ten 
thousand dollars ($10,000.00) and are obtained by the 
Department of Transportation pursuant to G.S. 136-28(f). 

(e) Pre-qualification of Firms. Finn - general agreemen t . 
The Department shall advertise for Firms interested in 
performing right of way acquisition services for the North 
Carolina Department of Transportation in Jun e o f e ach year 
or when necessitated by its projected workload. The 
advertisement shall be published in the North Carolina 
Purchase Directory, a bi-monthly publication of the N.C. 
Department of Administration. The advertisement shall 
indicate that interested Firms must respond by letter to the 
Department indicating their interest within two weeks of the 
date of the advertisement. The response shall include the 
Federal Government's Government Accounting OfFice Forms 
254 and 255, and copies of the Firms latest brochures. 
Additional Firms may be considered for pre-qualiFication 
du r ing the yearly p eri o d if they s o r eques t and if at any time 
that the Department recognizes a need based on current 
projected workload for additional pre-qualiFied Firms. 
Evaluation of the Firms expressing interest will be based on 
the following considerations: 

(1) Experience, education, reputation, and required 
certiFications of staff in the Fields of expertise 
required by the contract including negotiations, 
appraisals, and relocation assistance; 
Number of staff available to perform the services 
required by the contract including negotiations, 
appraisals, and relocation assistance; 
Financial ability to undertake the proposed work; 
The Firm's accounting system including ability to 
identify costs chargeable to the project; 
Past performance by the Firm on previous Right of 
Way acquisition contracts including meeting the 
time schedule for the work; 
Equipment necessary to perform the required 
services. 

A number of Firms sufFicient to perform the 
anticipated workload that meet the qualiFications in 
Parag r a p hs Subparagraphs (e)(1) through (e)(6) of 
this Rule shall be designated as pre-qualiFied to 
perform right of way acquisition services for the 
North Carolina Department of Transportation. 
The number of pre-qualiFied Firms to be 
maintained unde r General — Agreemen t on the 
Department's pre-qualiFied list shall be determined 
by the Manager of the Right of Way Branch. 
B r anch pr io r t o the adve r tising based on the 
antici p ated needs of the De p artmen t . A G e n e ral 
Ag r eemen t shall b e ex e cuted with each fiiiu foi a 
term cove r ing th e following year afte r r eview and 



(2) 



(3) 
(4) 

(5) 



(6) 



acce p tance of Fixed billable r a t es by t he Fiscal 

Section. — Addi t ional Finns p r c-quali f ying during 

the — yearly — p eriod — shaH — execute — a — Gene r al 

Agreement for the r emainde r o f the yearly p eriod. 

Should the term of a General Agreement pass 

with o ut u t ilizing any of the pre -qualiFicd Firms 

und er that Agreement on any S p eciFic Pr o jec t s, the 

D e partmen t may extend the term of the General 

Agreemen t s — for — an — additi o nal — year — with o u t 

advertising for addi t ional p r c-qualiFied Finns. This 

TS — to — be — accomplished — by — execu t ion — of a 

Su pp lemental — Ag r eement which — pr ovides — for 

changes to t he Fixed Billable Ra t es subject to audi t 

a ppr oval of the Fiscal Sec t i o n of the De p artment. 

(f ) Fixed billable r a t es. The amiual Gene r al Ag r eement 

will not be executed un t il t he Fixed billable ra t es submitt e d as 

A pp endix E to the Gene r al Ag re em e n t have been r eviewed by 

t he External Audit B r anch of the De p artmen t 's Fiscal 

Section. The r eview will ve r ify the accuracy of t he pr o po sed 

Fixed billable r ates based u p on an examination of t he average 

wage r a te s by e m p loyee classiFica t ions, overhead r at e s, as 

w e ll as limi t ations on compensation and indi r ec t salaries, 

wages and fringe bene Fits. 

In order t o perform tlie examination of A pp endix E rates, the 
Finn will be r equi r ed t o submit an analysis showing t he 
computa t ion of t he av er ag e wage r a t e per classiFication wi t h 
su ppo rting d o cumen t ation for the salary and wage r a te s us e d 
(i.e., p ay r oll re gis t e r , check stubs, etc.). 

fg) £0 Register of pre-qualiFied Firms. The Right of Way 
Consultant Coordinator shall be responsible for maintaining 
a "Register of Pre-QualiFied Firms" which have execu t ed a 
G e ne r al Ag ree m e n t from whom speciFic project proposals 
may be solicited to perform right of way acquisition services 
for the North Carolina Department of Transportation - Right 
of Way Branch. 

(h) £g} Request for approval to solicit speciFic project 
proposals. The Right of Way Consultant Selection 
Committee through the Manager of Right of Way is 
responsible for determining when the need for right of way 
acquisition services exists. Upon determining that a need 
exists, the Committee shall request approval from the Branch 
Manager to solicit proposals for the work. 
The request shall be in writing and shall include the type of 
work and specific justiFication for the work being performed 
by a consultant Firm such as: 

(1) non-availability of manpower, 

(2) lack of expertise, or 

(3) other reasons. 

ft) £h} Solicitations of speciFic project proposals. SpeciFic 
Project Proposals shall be solicited from all Pre-QualiFied 
Firms. Solicitations shall be by direct mailing of plans and 
SpeciFic Project Proposal. 

The Right of Way Consultant Coordinator, upon the approval 
of the Manager of Right of Way, shall be responsible for 
preparing the requests for proposals. The request shall 
contain plans and information describing the location of the 
project, types and scope of work required, and the time 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1993 



PROPOSED RULES 



schedule for accomplishing the work. 
The solicitation for a Specific Project Proposal shall require 
that all firms shall attend a Scoping Meeting on a specified 
date in order to qualify to submit a Specific Project Proposal 
for consideration. Any firm that does not wish to submit a 
Specific Project Proposal on a particular project shall advise, 
in writing, the Manager of Right of Way of their decision not 
to submit a Specific Project Proposal for that project. 

(j) iii Selection of firm for specific project contract. The 
Right of Way Consultant Selection Committee shall review 
all responses received to the request for proposals and shall 
select three firms from those indicating interest (except when 
there are fewer than three responses). When several projects 
are under consideration at the same time, a firm shall be 
selected for each project and two alternates may be selected 
from the entire group, at the discretion of the Selection 
Committee. These firms shall be listed in descending order 
of preference based on the Selection Committee's review and 
analysis of all responses. The Committee may elect to 
interview all or part of the firms responding to the request for 
proposal prior to establishing the order of preference. The 
Selection Committee's file shall be documented as to the 
reasons for the selection of a firm. 

In the evaluation of the firms submitting Specific Project 
Proposals, the following factors shall be considered: 

( 1 ) The monetary amount of the competitive proposal; 

(2) The firm personnel who are currently available to 
perform right of way acquisition services on the 
specific project and their qualifications; and 

(3) The ability of the firm to complete the work 
according to the Department's schedule. 

Any firm selected to perform Right of Way Services for the 
North Carolina Department of Transportation shall be 
required to establish an office in North Carolina, and may, 
at the discretion of the Department, be required to establish 
the office at the location of the project. This office shall be 
the location for maintaining all project records open for 
review by appropriate Department personnel. 
After the authorization to proceed to negotiations is given by 
the Branch Manager, the Right of Way Consultant 
Coordinator shall notify the firm chosen by the Selection 
Committee. 

Hrt Q] Negotiation of specific project contract. Prior to 
receiving a specific project proposal, the Right of Way 
Consultant Coordinator shall prepare an estimate of the cost 
of performing the work in-house. This estimate will be used 
in evaluating the acceptability of the selected firm's cost 
proposal. 

If considered necessary by the Right of Way Consultant 
Coordinator a meeting with the selected firm may be 
scheduled to discuss the scope of the proposed work. The 
discussions will vary depending upon the firm's familiarity 
with the Department's methods, policies, standards, etc. For 
firms unfamiliar with the Department's requirements, the 
discussions shall include: 

(1) Policies used by the Department for the type and 
scope of work involved; 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 



A copy of a contract in draft form; 

Methods of payment; 

Procedures for mvoicing; 

Standard forms to be used; 

Fiscal requirements; 

Items and services to be provided by the 

Department. 
A representative of the firm shall keep minutes of the 
meeting, have them typed and submit a copy to the Right of 
Way Consultant Coordinator. The minutes shall be reviewed 
for completeness, accuracy and confirmation of mutual 
understanding of the scope of work. The minutes shall be 
approved by the signature of the Right of Way Consultant 
Coordinator and an approved copy will be returned to the 
firm. 

The firm's competitive cost proposal shall be supported by a 
breakdown of the manhours required to perform each of the 
services contained in the contract and the fixed billable rate 
for each of the classifications of personnel to be utilized. 
The fixed fee must be specifically broken out on the firm's 
specific project cost proposal. The firm's cost proposal must 
also include a detailed breakdown of all non-salary direct 
costs and any sub-contract or fee services. 
Upon receipt of the selected firm's cost proposal, a review 
will be made. The review shall include a comparison with the 
in-house estimate and is intended to determine both the 
reasonableness of the proposal and areas of substantial 
differences which may require further discussion and 
negotiation. Wh e r e When further negotiations are required, 
they shall be the responsibility of the Right of Way 
Consultant Coordinator. 

The final negotiations shall satisfactorily conclude all 
remaining points of difference and shall consider any 
comments submitted by the External Audit Unit. The Right 
of Way Consultant Coordinator with the concurrence of the 
Manager of Right of Way shall approve the final fee. 
If an acceptable contract cannot be negotiated, negotiations 
shall be terminated, the firm will be notified in writing and 
the next listed firm shall be contacted to initiate negotiations 
for the work. 

(+) Ijci Board of Transportation approval and execution of 
contract. After final negotiations are completed, the firm 
shall execute a minimum of two contract originals and submit 
them to the Consultant Coordinator. 
The Consultant Coordinator shall submit the contract to the 
State Highway Administrator who may consult with the 
Advisory Budget Commission pursuant to G.S. 136-28. 1(f). 
The Manager of Right of Way shall submit the proposed 
contract to the Board of Transportation for approval. After 
the Board of Transportation approves the contract, the 
Manager of Right of Way shall execute and return the 
contract to the Right of Way Consultant Coordinator. 
The Right of Way Consultant Coordinator shall transmit one 
original contract to the contracting firm and shall retain one 
in the project file. The Consultant Coordinator shall provide 
each of the following with a copy of the contract: the 
Manager of DOT Program and Policy Branch; DOT Fiscal 



1994 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



PROPOSED RULES 



Section; and Federal Highway Administration when federal- 
aid funds are involved. 

fm) £1} Sub-contracting. A contracting firm may sublet 
portions of the work proposed in the contract only upon 
approval of the Right of Way Consultant Coordinator. 
The responsibility for procuring a subcontractor and assuring 
the acceptable performance of the work lies with the prime 
contractor. Also, the prime contractor will be responsible for 
submitting the proper supporting data to the Contract 
Administrator for all work that is proposed to be sublet. 

(n)£ml Methods of compensation: 

(1) Lump Sum - This method of compensation is 
suitable for contracts where the amount and 
character of required work or services can be 
clearly defined and understood by both the 
Department and the contracting firm. 

(2) Cost Plus Fixed Fee - This method of 
compensation is suitable for contracts where the 
general magnitude of work is known but the scope 
of work or period of performance cannot be 
defined clearly and the Department needs more 
flexibility in expediting the work without excessive 
amendments to the contract. 

(3) Cost Per Unit of Work - This method of 
compensation is suitable for contracts where the 
magnitude of work is uncertain but the character of 
work is known and a cost of the work per unit can 
be determined accurately. 

(4) Cost Plus a Percentage of Cost - This method of 
compensation shall not be used. 

(o) fn] Administration of contract. The administration of 
the contract shall be the responsibility of the Right of Way 
Consultant Coordinator. This shall include the review of 
invoices and recommendation for payment to the Fiscal 
Section. 

tp) {o] Contract Amendments. Each contract shall contain 
procedures for contract modifications and define what 
changes can only be made by means of a contract 
amendment. 

Any change in the amount of compensation must be 
accomplished by contract amendment. For contracts which 
use federal funds as compensation for services, the contract 
amendment must be approved by the Federal Highway 
Administration. 

(q) {jQ Monitoring of work. The responsibility for 
monitoring the work, the schedule and performing reviews at 
intermediate stages of the work shall rest with the Right of 
Way Consultant Coordinator. 

if) £g} Final payment. When it is determined that the work 
is complete, the final invoice shall be approved by the Right 
of Way Consultant Coordinator and forwarded to the Fiscal 
Section with a recommendation for payment. When the 
contract is terminated by the Department, the final payment 
shall be for that portion of work performed. 

(st £r] Termination of contracts. All contracts shall 
include a provision for the termination of the contract by the 
Department. Such termination by the Department shall be 



in writing and shall be effective upon receipt by the 
contracting firm. 

Authority G.S. 136-28.1 (f). 

SUBCHAPTER 2D - fflGHWAY OPERATIONS 

SECTION .0400 - FIELD OPERATIONS - 
MAINTENANCE AND EQUIPMENT 

.0415 GENERAL REGULATIONS FOR 
DRAWBRIDGES 

(a) This Rule governs operation of drawbridges in North 
Carolina. All other drawbridges not specifically noted in this 
Rule operate under normal Coast Guard regulations which 
give preference to water-borne traffic. For purposes of this 
Rule, the term on signal means the boat operator sounds his 
signal as defined by standard navigational practices. 

(b) The draw on the bridge on US 17 over the Neuse 
River at New Bern shall open on signal except that the draw 
may remain closed from Monday through Friday from 6:30 
a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for pleasure 
vessels. However, the draw shall open at 7:30 a.m. and 5:00 
p.m. for any vessel waiting to pass. The draw may remain 
closed on Sundays and Federal holidays from May 24 
through September 8 from 2:00 p.m. to 7:00 p.m. for 
pleasure vessels except that the draw shall open at 4:00 p.m. 
and 6:00 p.m. for any vessels waiting to pass. The draw on 
this bridge shall always open on signal for public vessels of 
the United States, State, or local vessels used for public 
safety, tugs with tows and vessels in distress. 

(c) The draw on the bridge on US 70 Business over the 
Trent River at New Bern shall open on signal except that the 
draw may remain closed from Monday through Friday from 
6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for 
pleasure vessels. However, the draw shall open at 7:30 a.m. 
and 5:00 p.m. for any vessel waiting to pass. The draw may 
remain closed on Simdays and Federal holidays from May 24 
through September 8 from 2:00 p.m. to 7:00 p.m. for 
pleasure vessels except that the draw shall open on the hour 
and half hour for any vessels waiting to pass. The draw on 
this bridge shall always open on signal for public vessels of 
the United States, State, or local vessels used for public 
safety, tugs with tows, and vessels in distress. 

(d) The draw on the US 1 7B/Perquimans River Bridge at 
Hertford shall open on signal except that from midnight to 
8:00 a.m. from April 1 through September 30, and from 
10:00 p.m. through 10:00 a.m., from October 1 through 
March 31, the draw shall not open for the passage of vessels. 

(e) The bridge on US 17 over the Pamlico River at 
Washington shall open only upon 24-hour advance notice. 

(0 The bridge on SR 1565 over the Tar River at 
Grimesland shall open only upon 24-hour advance notice. 

(g) The bridge on US 1 17-NC 133 over Smith's Creek just 
north of Wilmington shall open only upon 24-hour advance 
notice. 

(h) The draw on the bridge on US 70 over Beaufort 



11:26 



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April 15, 1997 



1995 



PROPOSED RULES 



Channel in Beaufort shall open on signal except that from 
6:00 a.m. to 10:00 p.m. the draw shall open for all vessels 
on signal every hour on the hour, 20 minutes past the hour, 
and 40 minutes past the hour. 

(i) The draw on the NC 50/Intracoastal Waterway Bridge 
at Surf City shall open on signal, except that from 7:00 a.m. 
to 7:00 p.m. the draw shall open for pleasure craft if signaled 
only on the hour. 

(j) The draw on the bridge on US 74/76 over Intracoastal 
Waterway at Wrightsville Beach shall open on signal, except 
that from 7:00 a.m. to 7:00 p.m. the draw shall open for 
pleasure craft if signaled only on the hour. 

(k) The draw on the bridge on SR 1 172 over Intracoastal 
Waterway at Sunset Beach shall open on signal, exce pt that 
from 7:00 a.m. t o 7 : 00 p .m. tlie draw shall open fo r p leasu re 
c r aft if signal e d on the hou r f r om April 1 to November 30. 
the hour on signal for pleasure craft between 7:00 a.m. and 
7:00 p.m.. April 1 through November 30. except that on 
Saturdays. Sundays, and Federal holidays, from June 1 
through September 30 the draw shall open on the hour on 
signal for pleasure craft between 7:00 a.m. and 9:00 p.m. 

Authority G.S. 136-18(5). 



1996 NORTH CAROLINA REGISTER April 15, 1997 11:26 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Rule-making Agency: DHR-Division of Medical Assistance 

Rule Citation: 10 NCAC 26H .0213 

Effective Date: April 15, 1997 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 108A-25(b); 108A-54; 
108A-55; 42 C.F.R. 447, Subpart c 

Reason for Proposed Action: This change is necessary to 
ensure the continuing availability of an adequate level of 
services to Medicaid and uninsured persons. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by May 15, 1997 to 
Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0213 DISPROPORTIONATE SHARE HOSPITALS 

(a) Hospitals that serve a disproportionate share of 
low-income patients and have a Medicaid inpatient utilization 
rate of not less than one percent are eligible to receive rate 
adjustments. The cost report data and financial information 
that is required in order to qualify as a disproportionate share 
hospital effective April 1, 1991 is based on the fiscal year 
ending in 1989 for each hospital, as submitted to the Division 
of Medical Assistance on or before April 1 , 1991 . The cost 
report data and financial information to qualify as a 
disproportionate share hospital effective July 1, 1991 is based 
on the fiscal year ending in 1990 for each hospital, as 
submitted to the Division of Medical Assistance on or before 
September 1, 1991. In subsequent years, qualifications 
effective July 1 of any particular year are based on each 
hospital's fiscal year ending in the preceding calendar year. 
The patient days, costs, revenues, or charges related to 
nursing facility services, swing-bed services, home health 
services, outpatient services, or any other service that is not 
a hospital inpatient service cannot be used to qualify for 
disproportionate share status. A hospital is deemed to be a 
disproportionate share hospital if: 



(1) The hospital has at least two obstetricians with 
staff privileges at the hospital who have agreed to 
provide obstetric services to individuals eligible 
for Medicaid. In the case of a hospital located in 
a rural area, the term obstetrician includes any 
physician with staff privileges at the hospital to 
perform non-emergency obstetric services as of 
December 21, 1987 or to a hospital that 
predominandy serves individuals under 18 years of 
age; and 

(2) The hospital's Medicaid inpatient utilization rate, 
defined as the percentage resulting from dividing 
Medicaid patient days by total patient days, is at 
least one standard deviation above the mean 
Medicaid inpatient utilization rate for all hospitals 
that receive Medicaid payments in the state; or 

(3) The hospital's low income utilization rate exceeds 
25 percent. The low-income utilization rate is the 
sum of: 

(A) The ratio of the sum of Medicaid inpatient 
revenues plus cash subsidies received from 
the State and local governments, divided by 
the hospital's total patient revenues; and 

(B) The ratio of the hospital's gross inpatient 
charges for charity care less the cash 
subsidies for inpatient care received from 
the State and local governments divided by 
the hospital's total inpatient charges; or 

(4) The sum of the hospital's Medicaid revenues, bad 
debts allowance net of recoveries, and charity care 
exceeds 20 percent of gross patient revenues; or 

(5) The hospital, in ranking of hospitals in the State, 
from most to least in number of Medicaid patient 
days provided, is among the top group that 
accounts for 50 percent of the total Medicaid 
patient days provided by all hospitals in the State; 
or 

(6) It is a Psychiatric hospital operated by the North 
Carolina Department of Human Resources, 
Division of Mental Health, Developmental 
Disabilities, Substance Abuse Services 
(DMH/DD/SAS) or UNC Hospitals operated by 
the University of North Carolina. 

(b) The rate adjustment for a disproportionate share 
hospital is 2.5 percent plus one fourth of one percent for each 
percentage point that a hospital's Medicaid inpatient 
utilization rate exceeds one standard deviation of the mean 
Medicaid inpatient utilization rate in the State. The rate 
adjustment is applied to a hospital's payment rate exclusive 
of any previous disproportionate share adjustments: 

(c) An additional one time payment for the 12-month 
period ending September 30, 1995, in an amount determined 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1997 



TEMPORARY RULES 



by the Director of the Division of Medical Assistance, may- 
be paid to the Public hospitals that are the primary affiliated 
teaching hospitals for the University of North Carolina 
Medical Schools less payments made under authority of 
Paragraph (d) of this Rule. The payment limits of the Social 
Security Act, Title XIX, Section 1923(g)(1) applied to this 
payment require that when this payment is added to other 
Disproponionate Share Hospital payments, the additional 
disproportionate share payment will not exceed 100 percent 
of the total cost of providing inpatient and outpatient services 
to Medicaid and uninsured patients less all payments received 
for services provided to Medicaid and uninsured patients. 
The total of all payments may not exceed the limits on DSH 
funding as set for the State by HCFA. 

(d) Effective July 1, 1994, hospitals eligible under 
Subparagraph (a)(6) of this Rule shall be eligible for 
disproponionate share payments, in addition to other 
payments made under the North Carolina Medicaid Hospital 
reimbursement methodology, from a disproportionate share 
pool under the circumstances specified in Subparagraphs (1), 
(2) and (3) of this Paragraph. 

(1) An eligible hospital will receive a monthly 
disproportionate share payment based on the 
monthly bed days of ser\'ices to low income 
persons of each hospital divided by the total 
monthly bed days of services to low income 
persons of all hospitals items allocated funds. 

(2) This payment shall be in addition to the 
disproportionate share payments made in 
accordance with Subparagraphs (a)(1) through (5) 
of this Rule. However. DMH/DD/SAS operated 
hospitals are not required to qualifv' under the 
requirements of Subparagraphs (a)(1) through (5) 
of this Rule. 

(3) The amount of allocated funds shall be determined 
by the Director of the Division of Medical 
Assistance, but not to exceed the quarterly grant 
award of funds (plus appropriate non-federal 
match) earmarked for disproponionate share 
hospital payments less payments made under 
Subparagraphs (a)(1) through (5) divided by three. 

In Subparagraph (dKD of this Rule, bed days of services 
to low income persons is defined as the number of bed days 
provided to individuals that have been determined by the 
hospital as patients that do not possess the financial resources 
to pay ponions or all charges associated with care provided. 

Low income persons include those persons that have been 
determined eligible for medical assistance. The count of bed 
days used to determine payment is based upon the month 
immediately prior to the month that payments are made. 

Disproportionate share payments to hospitals are limited in 
accordance with The Social Security Act as amended. Title 
XIX section 1923 (g), limit on amount of payment to 
hospitals. 

(e) Subject to the availability of funds, hospitals that: 
qualify as disproponionate share hospitals under 
Subparagraphs (a)(1) through (5) of this Rule for the fiscal 



years ended September 30, 1995 and September 30, 1996; 
operate Medicare approved graduate medical education 
programs for the fiscal years ended September 30, 1995 and 
September 30, 1996; and incur for the 12-monih period 
ending September 30, 1996 unreimbursed costs (calculated 
without regard to payments under either this Paragraph or 
Paragraph (f) of this Rule) for providing inpatient and 
outpatient services to uninsured patients in an amount in 
excess of two million five hundred thousand dollars 
(S2,5(X),(X)0) shall be eligible for disproponionate share 
payments for such services from a disproponionate share 
pool under the circumstances specified in Subparagraphs (1) 
through (7) of this Paragraph. 

(1) Qualification for the 12 month period ending 
September 30, 1996 shall be based on cost repon 
data and uninsured patient data cenified to the 
Division by hospitals on or before September 23, 
1996 for fiscal years ending in 1995, in coimection 
with the disproportionate share hospital application 
process. Qualification for subsequent 12 month 
periods ending September 30 of each year shall be 
based on cost report data and uninsured patient 
data cenified to the Division by hospitals on or 
before September 1 of each subsequent year, for 
the fiscal year ending in the preceding calendar 
year. 

(2) Any payments made pursuant to this Paragraph 
shall be calculated and paid no less frequently than 
annually, and prior to the calculation and payment 
of any disproponionate share payments pursuant to 
Paragraph (f) of this Rule. 

(3) For the 12 month period ending September 30, 
1996 a payment shall be made to each qualified 
hospital in an amount determined by the Director 
of the Division of Medical Assistance based on a 
percentage (not to exceed a maximum of 23 
percent) of the unreimbursed costs incurred by 
each qualified hospital for inpatient and outpatient 
services provided to uninsured patients. 

(4) In subsequent 12 month periods ending September 
30th of each year, the percentage payment shall be 
ascertained and established by the Division by 
ascertaining funds available for payments pursuant 
to this Paragraph divided by the total unreimbursed 
costs of all hospitals that qualify for payments 
under this Paragraph for providing inpatient and 
outpatient services to uninsured patients. 

(5) The payment limits of the Social Security Act, 
Title XIX, section 1923(g)(1) applied to the 
payments authorized by this Paragraph require that 
when this payment is added to other 
disproponionate share hospital payments, the total 
disproportionate share payments shall not exceed 
100 percent of the total costs of providing inpatient 
and outpatient services to Medicaid and uninsured 
patients for the fiscal year in which such payments 
are made, less all payments received for services to 



1998 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



TEMPORARY RULES 



Medicaid and uninsured patients. The total of all 
disproportionate share hospital payments shall not 
exceed the limits on disproportionate share hospital 
funding as established for this State by HCFA. 

(6) To ensiu-e that payments pursuant to Paragraph (e) 
do not exceed the State aggregate upper limits to 
such payments established by applicable federal 
law and regulation (42 C.F.R. 447.272), such 
payments shall be cost settled within 12 months of 
receipt of the completed cost report covering the 
period for which such payments are made. If any 
hospital receives payments, pursuant to this 
Subparagraph in excess of the percentage 
established by the Director under Subparagraph 
(d)(3) of this Rule, ascertained without regard to 
other disproportionate share hospital payments that 
may have been received for services during the 12- 
month period ending September 30, 1996, such 
excess payments shall promptly be refunded to the 
Division. No additional payment shall be made to 
qualified hospitals in cormection with the cost 
settlement. 

(7) The payments authorized by Subparagraph (6) 
shall be effective in accordance with G.S. 108A- 
55(c). 

(f) An additional one-time disproportionate share hospital 
payment during the 12 -month period ending September 30, 
1996 (subject to the availability of funds and to the payment 
limits specified in this Paragraph) shall be paid to qualified 
public hospitals. For purposes of this Paragraph, a qualified 
public hospital is a hospital that qualifies for disproportionate 
share hospital status under Subparagraphs (a)( 1) through (5) 
of this Rule; does not qualify for disproportionate share 
hospital status under Subparagraph (a)(6) of this Rule; was 
owned or operated by a State (or by an instrumentality or a 
unit of government within a State) throughout the 12-month 
period ending September 30,1996; verified its status as a 
public hospital by certifying state, local, hospital district or 
authority government control on the most recent version of 
Form HCFA-1514 filed with the Health Care Financing 
Administration, U.S. Department of Health and Human 
Services on or before September 23, 1996; files with the 
Division on or before September 23, 1996 by use of a form 
prescribed by the Division a certification of its unreimbursed 
charges for inpatient and outpatient services provided to 
uninsured patients during the fiscal year ending in 1995; and 
submits to the Division on or before September 23, 1996 by 
use of a form prescribed by the Division a certificate of 
public expenditures. 

(1) The payment to qualified public hospitals pursuant 
to this Paragraph for the 12-month period ending 
September 30, 1996 shall be based on and shall not 
exceed the unreimbursed charges certified to the 
Division by each such hospital by use of a form 
prescribed by the Division for inpatient and 
outpatient services provided to uninsured patients 
for the fiscal year ending in 1995, to be converted 



by the Division to unreimbursed cost by 
multiplying unreimbursed charges times the cost- 
to-charge ratio established by the Division for each 
hospital for the fiscal year ending in 1995. 
Payments authorized by this Paragraph shall be 
made no less frequently than annually. 

(2) Any payments pursuant to this Paragraph shall be 
ascertained and paid after any disproportionate 
share hospital payments that may have been or may 
be paid by the Division pursuant to Paragraph (d) 
of this Rule. 

(3) The payment limits of the Social Security Act, 
Title XIX, Section 1923 (g)(1) applied to this 
payment require that when this payment is added 
to other disproportionate share hospital payments, 
the total disproportionate share hospital payments 
will not exceed 100 percent of the total costs of 
providing inpatient and outpatient services to 
Medicaid and uninsured patients for the fiscal year 
in which such payments are made, less all 
payments received for services to Medicaid and 
uninsured patients for that year. The total of all 
DSH payments by the Division may not exceed the 
limits on disproportionate share hospital funding as 
established for this State by HCFA for the fiscal 
year in which such payments are made. 

(4) To ensure that estimated payments pursuant to 
Paragraph (f) do not exceed the State aggregate 
upper limits to such payments established by 
applicable federal law and regulation (42 C.F.R. 
447.272), such payments shall be cost settled 
within 12 months of receipt of the completed cost 
report covering the 12 month period for which 
such payments are made. No additional payments 
shall be made in connection with the cost 
settlement. 

(5) The payments authorized by Paragraph (f) of this 
Rule shall be effective in accordance with G.S. 
108A-55(c). 

(g) Effective with dates of payment beginning October 3 1 . 
1996. hospitals that provide services to clients of State 
Agencies are considered to be a Disproportionate Share 
Hospital (DSH) when the following conditions are met: 

(1) The hospital has a Medicaid inpatient utilization 
rate not less than one percent and has met the 
requirements of Subparagraph (a)( 1 ) of this Rule; 
and 

(2) The State Agency has entered into a Memorandum 
of Understanding (MOU) with the Division of 
Medical Assistance (Division); and 

(3) The inpatient and outpatient services are authorized 
by the State Agency for which the uninsured client 
meets the program requirements. 

(A) For purposes of this Paragraph, uninsured 
patients are those clients of the State Agency 
that have no third parties responsible for 
any hospital services authorized bv the State 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



1999 



TEMPORARY RULES 



(B) 



Agency. 

DSH payments 



are paid for seryices to 



£Q 



qualified uninsured clients on the following 
basis: 

£ij For inpatient seryices the amount of 

the DSH payment is determined by 

the State Agency in accordance with 

the applicable Medicaid inpatient 

payment methodology as stated in 

Rule .0211 of this Section. 

(ii) For outpatient seryices the amount of 

the DSH payment is determined by 

the State Agency in accordance with 

the applicable Medicaid outpatient 

payment methodology as stated in 

Section 24 of Chapter 18 of the 1996 

General Assembly of North Carolina. 

(iii) No federal funds are utilized as the 

non-federal share of authorized 

payments unless the federal funding 

is specifically authorized by the 

federal funding agency as eligible for 

use as the non-federal share of 

payments. 

Based upon this subsection DSH payments 

as submitted by the State Agency are to be 

paid monthly in an amount to be reyiewed 

and approyed by the Diyision of Medical 

Assistance. The total of all payments may 

not exceed the limits on Disproportionate 

Share Hospital funding as set forth for the 

state by HCFA. 



History Note: Authority G.S. 108A-25(b); 108A-54; 

108A-55: 42 C.F.R. 447, Subpart C; 

Eff. February 1, 1995: 

Amended Eff. My 1, 1995; 

Filed as a Temporary Amendment Eff. September 15, 1995, 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner: 

Filed as a Temporary Amendment Eff. September 29, 1995, 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner: 

Amended Eff. January I, 1996: 

Temporary Amendment Eff. September 25, 1996; 

Temporary Amendment Eff. April 15, 1997. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: EHNR - NC Marine Fisheries 
Commission 

Rule Citation: 15A NCAC 31 .0117 

Effective Date: April 20. 1997 



Findings Reviewed by Julian Mann III: Approved 

Authority for the rule-making: G.S. 113-134; 113-190; 
143B-289.4 1993 (Regidar Session 1994). c. 769, s. 27.27 

Reason for Proposed Action: Legislative action (Chapter 
633, House Bill 1077) transferred administration of the 
Fishery Resource Grant Program from the NC Division of 
Marine Fisheries to the NC Sea Grant Program. In order to 
administer the 1997 Grants, these Marine Fisheries 
Commission rules need to be amended to reflect these 
changes in administration. 

Upon approval by the Codifier of the Rules, this Rule will 
become effective April 20, 1997. This agency will mail a 
copy of the amended nde to interested parties upon approval. 
This Rule will also appear in the NC Register. 

Comment Procedures: Written comments and statements are 
encouraged and may be submitted to the Marine Fisheries 
Commission, PO Box 769. Morehead City, NC 28557 by 
June 16, 1997. 



CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

SECTION .0100 - GENERAL RULES 

.0117 FISHERY RESOURCE GRANT PROGRAM 

(a) Purpose. The purpose of this program is to enhance 
North Carolina's coastal fishery resources. 

(b) Types of projects. Projects shall address one or more 
of the following areas of research: 

(1) New fisheries fishing equipment or gear - and 
techniques- particularly those that reduce bycatch 
and fishing impact on non-target species and size 
classes. 

(2) Enyironmental Pilot Studies. Assess fishing 
indust r y t re nds - es p ecially those that identify new 
o pp o r tunities and strategi c s that can be used to 
develo p and conse r ve North Carolina fishciy 
r esou r ces. 

(3) Aquaculture or mariculture. Envi r onm e ntal 
s t udi e s — = — p articularly — those — di r ected — toward 
re ducing adve r se e nvironmental impacts of fishing 
techniques, — r esto r ing — fishery — habitat. — and 
unde r standing envi r onmental cont r ols of fish and 
shellfish abundance. 

(4) Seafood Technology. Othe r Fishe r y Issues tha t 
will enhance No r th Carolina's coastal fishe r ies. 

(c) Eligibility to receive grants. Proposals will be 
considered from a diversity of sources including, but not 
limited to fishers, groups of fishers, and fishing companies. 

(d) Application for grants: 

(1) Grant proposals shall be typed or printed, and one 
copy five co p i e s submitted to the North Carolina 
Sea Grant Program Division of Marine Fishe r ies at 



2000 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



TEMPORARY RULES 



> 



) 



^ 



Post Office Box 8605. Raleigh. 76 9 . Mo r ehead 
ertyr North Carolina 27695-8605. 28557-076 9 . 
Submitted proposals must be postmarked no later 
than the date selected by Sea Grant. January 16, 
1 99 5. Proposals received or postmarked later than 
that date January 16 may not be considered for 
funding. 

(2) Grant proposals shall contain at least the following 
information: 

(A) Name(s), mailing address(es), telephone 
number(s), signature(s) and social security 
or federal identification number of the 
applicant(s). 

(B) A description of the project, its objectives, 
and its relationship to current fishery 
problems/issues, written in sufficient detail 
to be realistically evaluated by professional 
fishery scien t ists and manage r s, scientists, 
managers, and the fishing industry. 

(C) A detailed statement of the projected costs 
of the project. Description of participant 
cost-sharing and explanation/justification of 
projected costs is encouraged. 

(D) Biographical information documenting 
experience and expertise of project 
participants. 

(E) A description of how the project will be 
carried out, results evaluated, and findings 
made public. 

(F) An explanation of how the project will 
enhance North Carolina's coastal fishery 
resources. 

(G) Any other information that may be needed 
to enable the Secretary of the Department of 
Environment, Health, and Natural 
Resources to make a decision on the 
application. 

(3) Projects may extend up to two years from the date 
of award, excep t for aquacul t urc projec t s which 
may ex te nd fo r th ree y e ars, award. 

(4) Once approved, project time periods may be 
amended, but funding may not be increased. 

(e) Review of proposals: 

(1) Proposals will be reviewed and applicants notified 
in writing of acceptance or denial by the North 
Carolina Sea Grant Program. Division of Marine 
Fishe r ies. Incomplete proposals will be returned 
to the applicant with a written description of 
deficiencies. 

(2) Review Procedures: An anonymous peer review 
will be conducted for all applications. At least one 
of the peer review persons must be involved in a 
fishing industry. Applications shall be confidential 
until after funding decisions are made. Project 
quality will be assessed on the following criteria: 
P r oposals will b e re viewed by fishe r y p r ofessionals 
wh o will assign sco r es as shown below (maximum 



sco r e — 100 p oints): 



(A) 

m 
mi 

iEl 

ill 

m 

m 



Address a prioritv: 
Abilitv to protect 



or enhance fishery 



resources: 

Organization of a plan of work leading to 

conclusions; 

Plan to extend findings to the fishing 

industry: 

Availability of expertise and its application: 

Familiarity and experience with the problem 

addressed: 

Innovation of approach or potential 



findings: 

Cost-effectiveness 
results: and 
Reasonableness of 



of implementation of 
budget for work 



proposed. 

Project Quality - the likelihood t hat the 
p roj e c t will pr oduc e m e aningful r esults 
di r ectly — applicable — to enhancing — No r th 
Carolina's fishe r y re sou r c e s (30 points). 

ffi) Poten t ial for Public Benefi t - the likelihood 

that application of successful pr oj e ct r esults 
would be of significan t ben e fit — t o th e 
citizens of N ort h Carolina (20 p oin t s). 

tGj — Qualifica t ions of A pp licants - the likelihood 
tha t p artici p an t s can succ e ssfully comple t e 
the — projec t — and effectively — dissemina t e 
r esults t o the public (20 po in t s). 

t©) — Innova t iveness - the likelihood t hat th e 
project — would — pr ovid e — re liabl e — new 
information tha t would im p rove utilization 
o r management of fishe r y r esou r ces (20 
poin t s). 
Cost — Effectiveness - — the — accuracy — and 



m- 



a p propria t eness of pr ojec t costs and th e i r 

r ela t ionshi p to ex p ected p ublic benefit of the 

completed project (10 p oints). 

(3) Projects will be reviewed by members of the 

Fisheries Resource Grant Steering Committee, the 

Marine Fisheries Commission, and members of the 

relevant Marine Fisheries Commission Advisory 

Cominittee. Committe e , and s t aff of th e Division 

of Marine Fisheries. Competing lai"ge proposals 

and their reviews may be comparatively assessed 

by the Marine Fisheries Commission Planning 

Advisory Committee. Proposals to be granted will 

be selected by the Marine Fisheries Commission. 

(f) Award of grants: 

(1) The North Carolina Sea Grant Program Division 
of Marine Fishe r ies shall administer the proposal 
review process and shall submit a list of eligible 
proposals ranked in order of total review score to 
the Marine Fisheries Commission. 

(2) The North Carolina Marine Fisheries Commission 
shall make all grant offers on projects including 
the level of funding on each project. 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2001 



TEMPORARY RULES 



(3) Funds will be conveyed to grantees through 
contracts with the North Carolina Sea Grant 
Program. D ep artment of EnviroiitHcn t . Health, and 
Na t u r al Resou r ces. 

(4) Of the total funds granted for each project, up to 
25 percent may be paid upon signing of the 
contract if such payment is requested as part of the 
grant application. 

(5) Of the total funds granted for each project, 25 
percent shall be held back and paid only upon 
acceptance of the final project report by the North 
Carolina Marine Fisheries Commission. 

(6) Other payments to grantees shall be paid upon 
receipt of expenditure repons or invoices at 
intervals of not less than three months. 

(7) Grants will be awarded as evenly as practicable 
among the Northern, Pamlico, Central, and 
Southern coastal areas of North Carolina. 

(8) Prior to initiation of work on research projects, 
grantees shall secure all necessary state and federal 
permits and licenses. 

(g) Reporting: 

(1) Grantees shall submit written progress reports at 
three str-month intervals describing status of their 
projects, progress toward achieving project 
objectives, notable occurrences, and any 
signitlcant problems encountered and steps taken 
to overcome the problems. Foiins for such reports 
will be available f r om th e Division of Marine 
Fishe r ies. 

(2) As a condition of receiving a Fishery Resources 
Grant, the applicant shall agree to submit 
acceptable quarterly semi-annual reports. A 
technical representative designated by erf the North 
Carolina Sea Grant Program Division of Marin e 
Fishen e s shall determine if reports are acceptable. 
If the representative finds the report unacceptable, 
the project leader will be notified of deficiencies 
and must provide an acceptable report within 30 
working days. If an acceptable report is not 
received in the specified time, the applicant shall 
be required to repay Sea Grant th e Division a 
prorated refund of project costs as shown in Table 
1. 

Table I . Prorated refund schedule for non-compliance with 

report requirements. 

Percent of Work Completed Percent 

and Acceptably Reponed Refund 

25 85 

50 60 

75 35 

100 

An applicant who has been found in 
noncompliance with reporting rules and who does 
not agree to provide such reports may request that 
the Marine Fisheries Commission informally 
mediate the case. An applicant will have a 



maximum of 180 days to make repayment to Sea 
Grant the Division following the tlnal appeals 
process. 
(3) Grantees shall submit a written draft final report 
within 60 days of the completion of their projects 
to the North Carolina Sea Grant Program Division 
of Marine Fishe r ies for review and comment. 

(A) If the Nonh Carolina Sea Grant Program 
Division of Marine Fishe r ies finds the draft 
final report substantially acceptable. Sea 
Grant the Division shall so notify the 
Marine Fisheries Commission and 
grantee(s). The grantee(s) shall make any 
needed minor corrections and re-submit the 
final report to Sea Grant the Division . The 
Marine Fisheries Commission will consider 
Sea Grant's the Division's recommendation 
for approval and may approve the report 
and authorize final payment. 

(B) If the North Carolina Sea Grant Program 
Division of Marine Fishe r ies finds the draft 
final report substantially deficient because 
of lack of adherence to established 
procedures, insufficient sampling, lack of 
data to support conclusions, or other 
reasons pertaining to fulfillment of project 
requirements. Sea Grant the Division shall 
notify the Marine Fisheries Commission and 
grantee(s). 

(i) If the Marine Fisheries Commission 
accepts Sea Grant's the Division's 
recommendation, it shall notify the 
grantee(s) in writing of the steps it 
must take to meet its contractual 
obligations in order to satisfactorily 
complete the project and final report 
and receive final payment, 
(ii) If the Marine Fisheries Commission 
rejects Sea Grant's the Division's 
recommendation of substantial 
deficienc\', it shall instruct Sea Grant 
the Division of Marin e Fish e ri e s to 
proceed with final approval as 
provided in Part (A) of this 
Subparagraph. 

(C) Grantees may be required to give an annual 
verbal report on their project. 

(D) The North Carolina Sea Grant Program 
Division of Marine Fishe r ies shall publish 
an annual report summarizing the status of 
all projects conducted under this program. 

(E) The North Carolina Sea Grant Program 
Division of Marine Fish e ries shall conduct 
a field review of each project at least 
annually. Sea Grant The Division may 
request the assistance of other agencies of 
the Department of Environment, Health, 



2002 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



TEMPORARY RULES 



I 



and Natural Resources and of the 
consolidated University of North Carolina 
to conduct field reviews. 
(4) Grantees shall submit a final expenditure report or 

invoice within 60 45 days of the end of the 

contract. 

History Note: Filed as a Temporary Adoption Ejf. 

September 26, 1994, for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Authority G.S. 113-134; 143B-289.4; 1993 (Regular Session 

1994). c. 769, s. 27.17; 

Eff. February 1, 1995; 

Temporary Amendment Eff. April 20. 1997. 



> 



11:26 NORTH CAROLINA REGISTER April 15, 1997 2003 



APPROVED RULES 



Tins Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its 
meeting of March 20. 1997 pursuant to G. S. 150B-21 . 1 7(a) (1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the 
rides have been approved by RRC in a form different from that originally noticed in the Register or when no notice 
was required to be published in the Register. The rules published in full text are identified by an * in the listing of 
approved rules. Statutory Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day 
that specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either 
on the da\ the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: 
G.S. 1503-21. 3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



1 NCAC 30G .0101 
1 NCAC 30G .0103 * 

1 NCAC30G .0105 

2 NCAC48F .0301 
2 NCAC 48F .0302 

2 NCAC 48F .0304 - .0306 * 
10 NCAC 03R .3030 * 

10 NCAC 03U .0604 

1 1 NCAC 10 .0602 - .0603 * 
11 NCAC 10 .0606 * 

15A NCAC lOF .0302 * 

15A NCAC lOF .0307 * 

19ANCAC03J .0306 * 

19A NCAC 03J .0306 * Eff. 4-1-97 

19A NCAC 03J .0307 * Eff. 4-1-97 

19A NCAC 03J .0308 * 

19A NCAC 03J .0308 * Eff. 4-1-97 



11: 

11: 

11: 

11 

11 

11: 

11: 

11: 

11: 

11: 

not 

not 

11: 

not 



:19NCR 1414 
:19 NCR 1414 
:19 NCR 1414 
:11 NCR 883 
1 1 NCR 885 
11 NCR 886 

08 NCR 459 

09 NCR 571 
19 NCR 1426 
19 NCR 1426 
14 NCR 1150 
14 NCR 1150 
17 NCR 1331 
required, G.S. 
required, G.S. 
17 NCR 1331 
required, G.S. 



150B-21.5(a) 
150B-2 1.5(a) 

150B-21.5(a) 



TITLE 1 - DEPARTMENT OF ADMINISTRATION 

CHAPTER 30 - STATE CONSTRUCTION 

CHAPTER 30 - STATE CONSTRUCTION OFFICE 

SUBCHAPTER 30G - STATE BUILDING 

COMMISSION PROCEDURES AND CRITERIA 

FOR AUTHORIZATION TO USE AN 

ALTERNATIVE CONTRACTING METHOD 

SECTION .0100 - GENERAL PROVISIONS 

.0103 DEFINITIONS 

For the purposes of the rules in this Section, the following 
definitions shall apply: 

(1) "Alternative contracting method" includes but is 
not limited to: 

(a) the single-prime contracting system, not 
otherwise authorized under G.S. 143-128, 

(b) the design-build delivery system, or 



(c) the construction management delivery 
system. 

(2) "Chairman" means the Chairman of the State 
Building Commission. 

(3) "Construction management delivery system" means 
the alternative contracting method where the public 
owner contracts for a fee with a single person, but 
not the project general contractor, who administers 
contracts with separate contractors for the 
construction of the project and who is responsible 
as agent to the public owner for the coordination 
and management of the project, but where the 
public owner remains liable to the separate 
contractors. 

(4) "Design-build delivery system" means that the 
public owner contracts for a fee with a single 
person for the design, management and 
construction of a project. 

(5) "Director" means the Director of the State 
Construction Office. 

(6) "Exemption" means the grant of authorization by 



2004 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



APPROVED RULES 



the SBC for the use of a method of contracting not 
otherwise authorized under G.S. 143-128. 

(7) "Person" means a person, firm or corporation. 

(8) "Project" means the building or facility for which 
an exemption is requested by the public owner, 
and upon which the work will be performed. 

(9) "Public owner" means a state agency or institution, 
a local government unit, or any other entity subject 
to the provisions of G.S. 143-129. 

(10) "SBC" means the State Building Commission. 

(11) "Work" means the erection, repair, construction, 
renovation or alteration to be performed upon a 
building or facility. 

History Note: Authority G.S. 143-135.26: 
Temporary Adoption Eff. July 1, 1996; 
Eff. August 1. 1998. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48F - PLANT CONSERVATION 

SECTION .0300 - ENDANGERED PLANT SPECIES 

LIST: THREATENED PLANT SPECIES 
LIST: LIST OF SPECIES OF SPECIAL CONCERN 

.0304 PLANT SPECIES OF SPECIAL CONCERN 

(a) Special Concern Endangered Plant Species are those 
species that appear on both the Endangered Species List and 
on the Special Concern Species List and which can be offered 
for propagation to propagators under permit. 

(1) Cystopteris tennesseensis - Shaver 
Tennessee Biadderfem; 

(2) Delphinium exaltatum - Alton 
Tall Larkspur; 

(3) Echinacea laevigata - (Boynton & Beadle) Blake 
Smooth Coneflower; 

(4) Gentianopsis crinita — (Froehlich) Ma 
Fringed Gentian; 

(5) Geum radiatum - Michaux 
Spreading Avens; 

(6) Hydrastis canadensis - L. 
Goldenseal, Orangeroot; 

(7) Kalmia cuneata - Michaux 
White Wicky; 

(8) Pellaea wrightiana - Hooker 
Wright's Cliff-brake Fern; 

(9) Rhus michauxii - Sargent 
Michaux's Sumac; 

(10) Sarracenia jonesii - Wherry 
Mountain Sweet Pitcher Plant; 

(11) Sarracenia oreophila - (Kearney) Wherry 
Green Pitcher Plant; 

(12) Shortia galacifolia - T. & G. 



Oconee Bells. 

(b) Special Concern Threatened Plant Species are those 
species that appear on both the Threatened Species List and 
on the Special Concern Species List and which can be offered 
for propagation to propagators under permit. 

(1) Eupatorium resinosum — Torr. ex DC. 
Resinous Boneset; 

(2) Helonias buUata — L. 
Swamp Pink; 

(3) Liatris helleri - (Porter) Porter 
Heller's Blazing Star; 

(4) Lilium grayi — Watson 
Gray's Lily; 

(5) Sabatia kennedyana — Fern. 
Plymouth Gentian; 

(6) Schisandra glabra - (Brickel) Rehder 
Magnolia Vine. 

(c) Special Concern Not Endangered or Threatened Plant 
Species are those species that appear on the Special Concern 
Species List but do not appear on the Endangered Species 
List or the Threatened Species List and which it shall be 
unlawful to distribute, sell or offer for sale except as 
otherwise provided in the rules. 

(1) Dionaea muscipula — Ellis 
Venus Flytrap; 

(2) Panax quinquefolius - L. 
Ginseng. 

History Note: Authority G.S. 106-202.15; 

Eff. June 30, 1981; 

Amended Eff. July 1. 1998: June 1, 1991; August 1, 1990; 

May 1. 1984. 

.0305 COLLECTION AND SALE OF GINSENG 

(a) Definitions: 

(1) Department. The North Carolina Department of 
Agriculture. 

(2) Ginseng. Any plant of the species Panax 
quinquefolius including cuttings, roots, fruits, 
seeds, propagules or any other plant part. 

(3) Ginseng Dealer. Any person who purchases or 
otherwise obtains ginseng roots which have been 
collected or cultivated in North Carolina in any 
quantity for commercial use. This definition does 
not include those persons who directly collect or 
cultivate ginseng roots, or who obtain ginseng 
roots for their own personal use. 

(4) Export Certificate. A document issued to allow 
the export or shipment of ginseng out of the State 
by certifying that the ginseng covered by the 
document was legally collected or grown in North 
Carolina. 

(5) Inspector. An employee of the North Carolina 
Department of Agriculture or any other person 
authorized by the Commissioner to enforce the 
Plant Conservation and Protection Act and the 
rules promulgated thereunder. 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2005 



APPROVED RULES 



(6) Person. Indnidual, corporation, partnership, 
firm, or association. 

(7) Record of Ginseng Purchase. A document 
completed by a ginseng dealer on a form provided 
by the Department to record ginseng purchases. 

(8) Record of Har\est Season Collection. A document 
completed and signed by a collector of wild 
ginseng and by an Inspector, certifv'ing that the 
ginseng covered by the document was legalh' 
collected during the harvest season. 

(9) Statement Indicating Legal Collection of Ginseng 
from One's Own Land. A document completed and 
signed b\' a person verifying that the wild collected 
ginseng being sold was collected from that 
person's own land. 

("b) Purpose. The purpose of this Rule is to regulate trade 
in ginseng in North Carolina to obtain federal approval for 
the export of ginseng from the state, to support the ginseng 
trade within the state and to protect the species from over- 
collection and e.xtinction. 

(c) Collection of Ginseng: 

( 1 ) Har\est Season for the Collection of Ginseng. The 
ginseng har\-est season shall be from September 1 
through April 1. Harvesting ginseng outside of 
this period is prohibited except when the plants are 
dug from one's own land. 

(2) Collectors Harvesting or Selling Outside of the 
Harvest Season. Any person collecting wild 
ginseng outside of the harvest season must 
complete a Statement Indicating Legal Collection 
of Ginseng from One's Own Land before selling 
the ginseng. This form shall be available from 
ginseng dealers. Any person collecting ginseng 
within the harvest season but wishing to sell the 
ginseng outside of the season must complete a 
Record of Harvest Season Collection and have it 
signed by an Inspector before the end of the 
harvest season; the form is available from 
Inspectors. 

(3) The Replanting of Ginseng. All persons collecting 
ginseng from the wild ma\' plant the seeds of 
collected plants in the immediate vicinit\- of where 
they are found. 

(4) Any person collecting wild ginseng on the lands of 
another shall, at time of collection, have on their 
person written permission from the landowner, as 
required under G.S. 106-202.19(1). 

(5) Possession of freshly dug ginseng on the lands of 
another shall constitute prima facie evidence that 
the ginseng was taken from the same land on 
which the collector was found. 

(d) Purchase and Sale of Ginseng: 

(1) Gmseng Dealer Permits. All ginseng dealers shall 
obtain a permit from the Plant Industn' Division of 
the Department prior to purchasing ginseng. 
Permits shall be valid from July 1 or the date of 
issue, whichever is later, to the followins June 30. 



No ginseng shall be purchased by a ginseng dealer 
without a current permit. 

(2) Buying Season for Ginseng. The buying season ^ 
for wild collected ginseng shall be from September ft 
1 through the following April 1 for green ginseng " 
and from September 15 through the following 
April 1 for dried ginseng. To buy wild collected 
ginseng outside of this buying season a ginseng 
dealer must obtain from the collector either: 

(A) a completed Statement Indicating Legal 
Collection of Ginseng from One's Own 
Land; or 

(B) a Record of Hat^'est Season Collection 
completed by the collector and signed by an 
Inspector. 

(3) Purchase Records. Every ginseng dealer shall 
keep a record of each purchase of ginseng collected 
or grown in North Carolina on the applicable 
Record of Ginseng Purchases provided by the 
Depanment. Forms from previous years, copies, 
or any forms other than those provided by the 
Department for the current permit period shall not 
be used. Records of Ginseng Purchases shall be 
made available for inspection by an Inspector and 
shall be surrendered to an Inspector upon issuance 
of an Export Certificate or on a periodic basis. 
The applicable Statement Indicating Legal 
Collection of Ginseng from One's Own Land or 
Record of Harvest Season Collection shall be i 
attached to any Record of Ginseng Purchases ' 
recording a purchase of wild collected ginseng 
collected outside of the harvest season or bought 
outside of the buying season. 

(4) Purchase of Ginseng from Other Ginseng Dealers. 
All ginseng dealers who purchase ginseng from 
other ginseng dealers located in North Carolina 
shall purchase only from those ginseng dealers that 
have valid dealer permits. Such purchases shall be 
recorded in a Record of Dealer-Dealer 
Transactions. Ginseng purchased from ginseng 
dealers who lack valid permits shall not be 
certified for export or shipment out of the State. 

(5) Exportation and Shipment of Ginseng. All persons 
who have ginseng in any quantity and wish to 
export or ship any amount out of the state shall 
obtain an export certificate from an Inspector. To 
obtain an export certificate a person must have 
accurate records of his purchases, present and 
surrender the original Record of Ginseng 
Purchases upon issuance of an export certificate 
and possess a valid ginseng dealer's permit. 

History Note: Auihorm G.S. 106-202.15; 

Eff. June 30, 1981: g 

Amended EJf. Juh 1. 1998: August 1. 1990: May 1. 1984. f 

.0306 COLLECTION AND SALE OF VENUS 



2006 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



APPROVED RULES 



> 



FLYTRAP 

(a) Definitions; 

(1) Department. The North Carolina Department of 
Agriculture. 

(2) Flytrap, Venus Flytrap. Any plant of the species 
Dionaea muscipula including cuttings, roots, 
fruits, seeds, propagules or any other plant part. 

(3) Person. Individual, corporation, partnership, 
firm, or association. 

(b) Collection of flytraps: 

(1) Venus Flytraps shall not be uprooted, dug, taken 
or otherwise dismrbed or removed for any purpose 
from the lands of another without a written permit 
from the owner which is dated and valid for no 
more than 180 days except that the incidental 
disturbance of flytraps during agricultural, forestry 
or development operations is not illegal so long as 
the plants are not collected for sale or barter. 

(2) Venus Flytraps may not be uprooted, dug, taken or 
otherwise disturbed or removed for any purpose 
from public lands in North Carolina without a 
written permit from the agency which is 
responsible for administration for such public 



lands. 

(3) The Replanting of Flytraps. All persons collecting 
flytraps from the wild may plant the seeds of 
collected plants, if any, in the immediate vicinity 
of where they are found. 

(4) Any person collecting Venus Flytraps on the lands 
of another shall, at time of collection, have on 
their person written permission from the 
landowner, as required under G.S. 106-202. 19(1 ). 

(5) Possession of freshly dug Venus Flytraps on the 
lands of another shall constitute prima facie 
evidence that the plants were taken from the same 
land on which the collector was found. 

(c) Sale of flytraps: No person may sell or offer for sale 
Venus Flytraps unless they have been lawfully collected, 
propagated from lawfully obtained stock plants or seed, or 
collected from one's own land. 

History Note: Authority G.S. 106-202.15; 
Ejf. June 1. 1991; 
Amended Eff. July 1. 1998. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF NEED REGULATIONS 

SECTION .3000 - PLANNING POLICIES AND NEED DETERMINATIONS 

.3030 FACILITY AND SERVICE NEED DETERMINATIONS 

Facility and service need determinations are shown in Items ( 1 ) - (8) of this Rule. The need determinations shall be revised 
continuously throughout 1996 pursuant to 10 NCAC 3R .3040. The provisions of this permanent rule which differ from the 
provisions of any temporary rule are effective beginning on the effective date of the permanent rule. 

(1) Category A. Acute Health Service Facilities. It is determined that there is no need for additional acute care beds 
and no reviews are scheduled. 

(2) Category B. Long-Term Nursing Facility Beds. It is determined that the counties listed below need additional Long- 
Term Nursing Facility Beds as specified. There is no need for additional Long-Term Nursing Facility Beds in other 
counties and no other reviews are scheduled. 



County 


Number of Nursing 




Beds Needed 


Alexander 


30 


Henderson 


90 


McDowell 


30 


Rutherford 


40 


Watauga 


20 


Alamance 


90 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2007 



APPROVED RULES 



County 


Number of Nursing 




Beds Needed 


Lee 


30 


Wake 


120 


Brunswick 


60 


Cumberland 


90 


New Hanover 


90 


Pender 


30 


Onslow 


40 


Pitt 


60 


Caneret 


60 



(3) Category C. 

(a) Psychiatric Facility Beds. It is determined that there is no need for additional psychiatric beds and no reviews 
are scheduled. 

(b) Intermediate Care Facility Beds for the Mentally Retarded. It is determined that the mental health planning 
areas listed in the following table need additional Intermediate Care Facility beds for the Mentally Retarded 
("ICF/MR beds"). The table identifies the number of new child and adult ICF/MR beds needed by each of 
the listed planning areas. These new ICF/MR beds shall only be used to convert existing five-bed ICF/MR 
beds into six-bed facilities. There is no need for new ICF/MR facilities or for ICF/MR facilities with more 
than six beds in these planning areas. There is no need for any additional ICF/MR Beds in any other mental 
health planning areas and no other reviews are scheduled, except as provided in 10 NCAC 3R .3040(a)(8). 



Mental Health Planning Area (Constituent Counties) 


Need Determ 


nation 




Child 


Adult 


2 (Buncombe, Madison, Mitchell, Yancey) 


1 


1 


3 (Alleghany, Ashe, Avery, Watauga, Wilkes) 





1 


5 (Caldwell, Burke, Alexander, McDowell) 


1 





21 (Davidson) 





I 


10 (Mecklenburg) 


1 





12 (Stanly, Cabarrus, Union) 


1 


2 


18 (Orange, Person, Chatham) 





1 


35 (Craven, Jones, Pamlico, Carteret) 


T 






(c) Chemical Dependency Treatment Beds. 

(i) It is determined that there is no need for any additional chemical dependency treatment beds other than 
detox-only beds for adults. The following table lists the mental health planning areas that need detox- 
only beds for adults and identifies the number of such beds needed in each planning area. There is no 
need for additional detox-only beds for adults in any other mental health plarming areas. No other 
reviews for chemical dependency treatment beds are scheduled. 



2008 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



APPROVED RULES 



Mental Health Planning Areas 
(Constituent Counties) 




Mental Health 
Planning 
Regions 


Number of 
Detox-Only 
Beds Needed 


1 


(Jackson, Haywood, Macon, 


Cherokee, Clay, Graham, Swain) 


W 


10 


4 


(Transylvania, Henderson) 




w 


10 


5 


(Caldwell, Burke, Alexander 


, McDowell) 


w 


1 


6 


(Rutherford, Polk) 




w 


10 


8 


(Gaston, Lincoln) 




w 


20 


9 


(Catawba) 




w 


8 


11 


(Rowan, Iredell, Davie) 




w 


10 


13 


(Surry, Yadkin) 




NC 


2 


14 


(Forsyth, Stokes) 




NC 


10 


15 


(Rockingham) 




NC 


10 


16 


(Guilford) 




NC 


10 


17 


(Alamance, Caswell) 




NC 


6 


18 


(Orange, Person, Chatham) 




NC 


2 


20 


(Vance, Granville, Franklin, 


Warren) 


NC 


10 


21 


(Davidson) 




sc 


10 


23 


(Robeson, Bladen, Scotland, 


Columbus) 


SC 


5 


24 


(Cumberland) 




SC 


10 


25 


(Lee, Harnett) 




SC 


10 


26 


(Johnston) 




SC 


7 


27 


(Wake) 




SC 


10 


28 


(Randolph) 




SC 


4 


31 


(Wayne) 




E 


10 


32 


(Wilson, Greene) 




E 


10 


33 


(Edgecombe, Nash) 




E 


6 


34 


(Halifax) 




E 


10 


35 


(Craven, Jones, Pamlico, Carteret) 


E 


10 


36 


(Lenoir) 




E 


10 


38 


(Hertford, Bertie, Gates, Northampton) 


E 


4 


39 


(Beaufort, Washington, Tyrrell, Hyde, Martin) 


E 


' 


40 


(Pasquotank, Chowan, Perqu 


imans, Camden, Dare, Currituck) 


E 


10 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2009 



APPROVED RULES 



Mental Health Planning Areas 
(Constituent Counties) 



Mental Health 
Planning 
Regions 



Number of 
Detox-Only 
Beds Needed 



41 (Duplin. Sampson) 



10 



(ii) "Detox-only beds for adults" are chemical dependency treatment beds that are occupied exclusively by 

persons who are 18 years of age or older who are experiencing physiological withdrawal from the 

effects of alcohol or other drugs, 
(iii) The county or counties which comprise each mental health planning area are listed in 10 NCAC 3R 

.3010(b). 
(iv) Detox-only beds for adults may be developed outside of the mental health planning area in which they 

are needed if: 

(A) The beds are developed in a contiguous mental health planning area that is within the same 
mental health planning region, as defined by 10 NCAC 3R .3010(c); and 

(B) The program board in the planning area in which the beds are needed and the program board in 
the planning area in which the beds are to be developed each adopt a resolution supporting the 
development of the beds in the contiguous planning area. 

(4) Category D. Kidney Disease Treatment Centers and Dialysis Stations Need for stations, except as otherwise 
provided in Item (7) of this Rule, is determined by 10 NCAC 3R .3032. 

(5) Category E. 

(a) Inpatient Rehabilitation Facility Beds. 

(i) Except as provided in Sub-item (5)(a)(ii) of this Rule, it is determined that there is no need for any 

additional inpatient rehabilitation facility beds and no reviews are scheduled, 
(ii) It is determined that there is a need for a demonstration project consisting of one inpatient rehabilitation 
unit containing no more than 10 inpatient rehabilitation facility beds in Wilson County. The purpose 
of the project shall be to demonstrate whether such a unit is viable in terms of cost, utilization, and 
good medical practice; whether such a unit increases the utilization of inpatient rehabilitation services 
by patients who could benefit fi^om such services; and whether such a unit improves patient outcomes. 
An application for a certificate of need for the demonstration project shall: 

(A) Conform to the requirements of the rules in 10 NCAC 3R .2800, with the exception of 10 
NCAC 3R .2803(b); 

(B) Demonstrate that the project's rehabilitation services beds shall be developed solely by the 
conversion of existing licensed health service facility beds; 

(C) Demonstrate that the project's rehabilitation services beds shall be licensed, certified, and placed 
into operation within 12 months after the certificate of need is issued; 

(D) Contain the applicant's commitment to submit to the Certificate of Need Section three annual 
reports on the operation of the demonstration project. The annual report shall be postmarked 
on or before the thirtieth day following the anniversary of the licensing of the demonstration 
project and shall contain the following information: 

(I) The demonstration project's average per diem patient charges for the past year; 
(II) The demonstration project's average per discharge patient charges for the past year; 

(III) An accounting of the operational costs and patient revenues of the demonstration project 
for the past year; 

(IV) The total number of patients served by the demonstration project during the past year; 
(V) A list of the demonstration project's patient payor sources for the past year; 

(VI) A description of the demonstration project's patient origin by county for the past year; 
and 

(VII) An assessment of patient outcomes in the demonstration project during the past year. 
The target average annual occupancy rate for the demonstration project is the average of the average armual 
occupancy rates reported by or for all existing inpatient rehabilitation facilities or units in their 1996 license renewal 
applications. The demonstration project shall meet or exceed this target average annual occupancy rate during at 
least one penod of 12 consecutive calendar months within five years after the demonstration project is licensed. If 
it does not, the demonstration project shall be terminated automatically and the beds shall revert to their prior health 
service facility bed category. Additionally, the rehabilitation facility beds shall automatically revert to their prior 
health service facility bed category if the applicant voluntarily terminates the demonstration project, 
(b) Ambulatory Surgery Operating Rooms. It is determined that there is no need for additional ambulatory 



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> 



surgery operating rcx)ms and no reviews are scheduled, except that a Rural Primary Care Hospital designated 
by the N.C. Office of Rural Health Services pursuant to Section 1820(0 of the Social Security Act may apply 
for a certificate of need to convert existing operating rooms for use as a freestanding ambulatory surgical 
facility. 
(6) Category F. 

(a) New Home Health Agencies or Offices. It is determined that the Health Service Areas identified in 10 NCAC 
3R .3010 and listed below need additional Home Health Agencies or Offices as specified. 



HSA 


Number of Agencies 




or Offices Needed 


I 




II 




III 




IV 




V 


1 


VI 





(b) New Hospice Home Care Programs. It is determined that there is no need for additional Hospice Home Care 
Programs and no reviews are scheduled. 

(c) New Hospice Inpatient Beds. 

(i) Single Counties. Single counties with a projected deficit of six or more beds are allocated beds based 
on the projected deficit. It is determined that there is no need for additional single county Hospice 
Inpatient Bed facilities and no reviews are scheduled. 

(ii) Contiguous Counties. It is determined that any combination of two or more contiguous counties taken 
from the following list shall have a need for new hospice inpatient beds if the combined bed deficit for 
the grouping of contiguous counties totals six or more beds. Each county in a grouping of contiguous 
counties must have a deficit of at least one and no more than five beds. The need for the grouping of 
contiguous counties shall be the sum of the deficits in the individual counties. For purposes of this 
Rule, "contiguous counties" shall mean a grouping of North Carolina counties which includes the 
county in which the new hospice inpatient facility is proposed to be located and any one or more of the 
North Carolina coimties which have a common border with that county, even if the borders only touch 
at one point. No county may be included in a grouping of contiguous counties unless it is listed in the 
following table: 



County 


Hospice Inpatient 
B?^ Deficit 


Alexander 




1 


Ashe 




1 


Haywood 




1 


Mitchell 




1 


Polk 




1 


Rutherford 




3 


Transylvania 




1 


Watauga 




1 


Alamance 




4 



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County 


Hospice Inpatient 
Bed Deficit 


Davidson 


") 


Rockingham 


3 


Stokes 


2 


Surr>' 


4 


Cabarms 


2 


Gaston 


4 


Iredell 




Lincoln 




Rowan 




Stanly 




Union 


2 


Chatham 




Durham 


5 


Johnston 




Lee 




Wake 


4 


Bladen 




Brunswick 




Columbus 


3 


Harnett 




Moore 


2 


Pender 




Richmond 




Robeson 




Scotland 




Bertie 




Craven 




Duplin 


2 


Edgecombe 




Hertford 




Nash 




Northampton 




Onslow 




Pitt 





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County 



Hospice Inpatient 
Bed Deficit 



Wilson 



(7) Category G. Kidney Disease Treatment Facilities and Dialysis Stations. It is determined that Carteret and Dare 
Counties have a need for additional dialysis stations that is not revealed by the standard need methodology in 10 
NCAC 3R .3032 because of conditions unique to these two counties. The dialysis station need in Carteret and Dare 
Counties is shown in the following table: 



County Number of New 

Dialvsis Stations Needed 



Carteret 
Dare 



6 

4 



(8) Category H. 

(a) Solid organ transplant services shall be developed and offered only by academic medical center teaching 
hospitals as designated in 10 NCAC 3R .3050(a)(3). It is determined that there is no need for new solid organ 
transplant services and no reviews are scheduled. 

Bone Marrow Transplantation Services. It is determined that allogeneic bone marrow transplantation services 
shall be developed and offered only by academic medical center teaching hospitals as designated in 10 NCAC 
3R .3050(a)(3). It is determined that there is no need for additional allogeneic or autologous bone marrow 
transplantation services and no reviews are scheduled. 

Gamma Knives. It is determined that there is no need for gamma knives and no reviews are scheduled. 
Positron Emission Tomography Scanners. It is determined that there is no need for additional positron 
emission tomography scanners for purposes other than research and no reviews are scheduled. 



(b) 



(c) 
(d) 



History Note: Filed as a Temporary Amendment Eff. Jamiary 1. 1995 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. July 1, 1994 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. June 7, 1994 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. July 23, 1992 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on 
October 31, 1992; 

Authority G.S. 131E-176(25); I31E-177(1); 131E-183(b); 
Eff. November 2, 1992; 

Amended Eff. April 1, 1995; October 1, 1994; April 1. 1994; January 4, 1993; 
Temporary Amendment Eff . January I. 1996; 
Amended Eff. Juh 1. 1998. 



TITLE 11 - DEPARTMENT OF INSURANCE 



CHAPTER 10 - PROPERTY AND CASUALTY 
DIVISION 

SECTION .0600 - CONSENT TO RATE 



.0602 CONSENT TO RATE PROCEDURES: RATE 
BUREAU COVERAGES 

(a) An initial (first time) application to effect consent to 
rate on a specific risk of coverage subject to Article 36 of 
General Statute Chapter 58, in excess of the rate promulgated 
by the North Carolina Rate Bureau, shall contain the 
following: 

( 1 ) a description of the insurance proposed, including 



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primary and excess limits, the amount of coverage, the 
property insured, the deductible, and any other factor used 
for rating, where applicable: 

(2) the rate and premium that would be charged 
without application of consent to rate; 

(3) the proposed rate and premium; 

(4) the percent increase. The rate to be charged shall 
be presumed reasonable if it does not exceed 250 
percent of the rate that would be charged without 
application of consent to rate. Any proposed rate 
in excess of 250 percent must be explained fully 
and shall be subject to review and approval of the 
Commissioner pursuant to G.S. 58-36-30(b). 
(This is not required for and does not apply to 
nonfleet private passenger motor vehicle physical 
damage insurance); 

(5) a statement that the rate charged does not exceed 
the rate that would be applicable if the applicant 
had been charged 550 percent of the rate with no 
Safe Driver Incentive Plan points. Any proposed 
rate in excess of 550 percent must be explained 
fully, submitted individually, and shall be subject 
to review and approval of the Commissioner 
pursuant to G.S. 58-36-30(b). (This is required 
for nonfleet private passenger motor vehicle 
physical damage insurance only); 

(6) the names and addresses of the insurer, the writing 
agent, and the insured; 

(7) the effective date of the proposed rate; 

(8) the policy period; 

(9) the policy number; and 

(10) a letter signed by the insured acknowledging and 

consenting to the proposed rate. If coverage for 

the specific risk written on consent to rate is 

available through a residual market (FAIR Plan, 

Beach Plan, North Carolina Reinsurance Facility, 

North Carolina Workers Compensation Insurance 

Plan), a statement signed by the insured 

acknowledging that fact must also be executed. 

(b) A letter signed by each insured acknowledging and 

consenting to the proposed rate shall be retained in the 

insurer's office and be made available to the Commissioner 

upon request. 

History Note: Authority G.S. 58-2-40(1); 58-36-30(b); 

Eff. Februar.' 1. 1976: 

Readopted Eff. Jiilx 11, 1978; 

Amended Eff. August 3, 1992; February- 1, 1990: Januar\ 1, 

1989; 

Temporary Amendment Eff. Novembers. 1996; 

Amended Eff. Jiilx I. 1998. 

.0603 CONSENT TO RATE PROCEDURES: 
COMMERCIAL COVERAGES 

(a) An initial (first time) application to effect consent to 
rate on a specific risk of coverage subject to Article 40 of 
General Stamte Chapter 58, in excess of the rate promulgated 



by a licensed rating organization or filed by a company on its 
own behalf shall contain the following: 

(1) a description of the insurance proposed, including 
primary and excess limits, the amount of coverage, 
the property insured, the deductible, and any other 
factor used for rating, where applicable; 

(2) the rate and premium that would be charged 
without application of consent to rate; 

(3) the proposed rate and premium; 

(4) the percent increase. The rate to be charged shall 
be presumed reasonable if it does not exceed 250 
percent of the rate that would be charged without 
application of consent to rate. Any proposed rate 
in excess of 250 percent must be explained fully 
and is subject to review and approval by the 
Commissioner pursuant to G.S. 58-40-30(c); 

(5) the names and addresses of the insurer, the writing 
agent, and the insured; 

(6) the effective date of the proposed rate; 

(7) the policy period; 

(8) the policy number; and 

(9) a letter signed by the insured acknowledging and 
consenting to the proposed rate. If coverage for 
the specific risk written on consent to rate is 
available through a residual market (FAIR Plan, 
Beach Plan, North Carolina Reinsurance Facility, 
North Carolina Workers Compensation Insurance 
Plan), a statement signed by the insured 
acknowledging that fact must also be executed. 

(b) A letter signed by each insured acknowledging and 
consenting to the proposed rate shall be retained in the 
insurer's office and be made available to the Commissioner 
upon request. 

History Note: Authority G.S. 58-2-40(1 >: 58-40-30(c); 

Eff. February 1, 1976; 

Readopted Eff. July 11. 1978; 

Amended Eff. August 3. 1992; January 1. 1989; 

Temporary Amendment Eff. November 8, 1996; 

Amended Eff. Jul\ 1. 1998. 

.0606 CONSENT TO RATE PROCEDURES 

(a) If a policy for which the insured had consented to pay 
a higher premium rate is reinstated after a lapse, the insurer 
shall not have to obtain a signed statement from the insured 
under this Section for the reinstatement. 

Cb) All records generated under G.S. 58-36-30(b) or G.S. 
58-40-30(0 and under this Section shall be maintained in 
accordance with 11 NCAC 19 .0002 and 11 NCAC 19 
.0007. 

(c) After a signed application is obtained by an insurer 
under this Section for a policy, all subsequent changes in the 
policy shall be endorsements for the purposes of G.S. 58-36- 
30(b) or G.S. 58-40-30(c). 

(d) If a particular kind of coverage is added to a policy by 
endorsement during the term of the policy and the added 
coverage is written at a higher rate under G.S. 58-36-30(b) 



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or G.S. 58-40-30(c) and under this Section, the insurer shall 
obtain the signature of the insured under Rules .0602 and 
.0603 of this Section no later than the next renewal of the 
policy. 

(e) If an insured consents to pay a higher premium rate 
under G.S. 58-36-30(b) or G.S. 58-40-30(c) and under this 
Section and consent to rate coverage is subsequently 
terminated, if the insured and insurer enter into another 
agreement under G.S. 58-36-30(b) or G.S. 58-40-30(c) and 
under this Section, the insurer does not have to obtain the 
signature of the insured under Rules .0602 and .0603 of this 
Section imless three years have elapsed since the termination 
of the coverage. 

History Note: Authority G.S. 58-2-40(1); 58-36-30(b); 58- 

40-30(c); 

Temporary Adoption Eff. November 8, 1996; 

Eff. July 1. 1998. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND WATER 
SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0302 ATLANTIC BEACH 

(a) Regulated Areas. This Rule applies to the following 
waters in Atlantic Beach: 

(1) the waters of the canals within the subdivisions of 
Atlantic Beach Isles and Sound View Isles within 
the town limits of Atlantic Beach; 

(2) the waters of Bogue Sound from the east side of 
Channel Bay Mobile Home Park running westerly 
to the west side of North Shore Mobile Home Park 
extending 55 yards from the shore; 

(3) the waters of Bogue Sound extending 50 yards on 
each side of the entrance to Hoop Pole Creek Bay 
and 50 yards on each side of the four boat ramps in 
Hoop Pole Creek Bay; 

(4) the waters of Bogue Sound beginning at day 
markers #3PA (green) and #4PA (red) at the 
entrance to the 8 Vi Marina Chaimel running to 
day markers #7PA (green) and #8PA (red) 
extending the length of the canal to and 50 yards 
on each side of the boat ramp at 8 Vi Marina 
Village. 

(b) Speed Limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within any of the 
regulated areas identified in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Town of 



Atlantic Beach is designated as a suitable agency for 
placement and maintenance of the markers implementing this 
Rule, subject to the approval of the United States Coast 
Guard and the United States Army Corps of Engineers. 

History Note: Authority G.S. 75A-3; 75A-15; 
Eff. February 1, 1976; 
Amended Eff. July 1. 1998. 

.0307 CATAWBA: IREDELL: LINCOLN AND 
MECKLENBURG COUNTIES 

(a) Regulated Area. This Rule applies to Lake Norman 
which is located in the counties of Catawba, Iredell, Lincoln 
and Mecklenburg. 

(b) Speed Limit Near Shore Facilities. No person shall 
operate a vessel at greater than no-wake speed within 50 
yards of any marked boat launching area, bridge, dock, pier, 
marina, boat storage structure, or boat service area on the 
waters of Lake Norman. 

(c) Speed Limit Near Parks: No person shall operate a 
vessel greater than no-wake speed within 50 yards of the 
following parks as designated by markers: 

(1) Jetton Park; 

(2) Brown's Cove Park. 

(d) Specific Speed Zones: No person shall operate a 
vessel at greater than no-wake speed in the following 
designated waters: 

(1) the entire area of Bluff Point Cove; 

(2) that cove immediately north of the inlet of Hager 
Creek. 

(e) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to 
enter any marked swimming area on the waters of Lake 
Norman. 

(f) Placement and Maintenance of Markers. Each of the 
boards of commissioners of the above-named counties is 
designated a suitable agency for placement and maintenance 
of navigational aids and regulatory markers of a general 
nature on the waters of Lake Norman within the boundaries 
of each respective county. Provided the said counties 
exercise their supervisory responsibility, they may delegate 
the actual process of placement or maintenance of such 
markers to some other agency, corporation, group, or 
individual. 

With regard to marking the restricted zones described above, 
markers may be placed and maintained by the individuals 
using the protected areas and facilities in accordance with the 
Uniform Waterway Marking System and supplementary 
standards as set forth in Rule .0301(g)(1) to (8) of this 
Section. 

(g) Markers Reflecting County Regulation. Where any 
marker conforming or required to conform to the uniform 
system is placed in or near Lake Norman advising the public 
of the provisions of any local act or of county ordinances 
made under the authority of any local act and: 

(1) Such provisions are not within the enforcement 
jurisdiction of the Commission; and 



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APPROVED RULES 



(2) The Commission has not passed regulations of an 

identical or closely similar nature to that of the 

provisions in question, such marker to be deemed 

in conformity with the uniform system must bear 

on it the legend "County Regulation" at such a 

place or at such places as needed to indicate which 

provisions are not enforceable by the Commission 

as a matter of state law. 

(h) Miscellaneous Restrictions. In addition to the acts 

prohibited by Paragraph (f) of Rule .0301 of this Section, it 

is unlawful to commit any such act with respect to any 

marker placed or erected under the authority of Chapter 1205 

of the 1965 Session Laws of the State of North Carolina by 

any one of the above named counties or by them jointly. 

History Note: Authority G.S. 75A-3; 75A-15; S.L. 1965, 

c. 1205: 

EJf. February 1, 1976; 

Amended Eff. July 1. 1998: October 1, 1992: May 1. 1989; 

March 25, 1978. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3J - RULES AND REGULATIONS 

GOVERNING THE LICENSING OF 

COMMERCIAL TRUCK DRIVER TRAINING 

SCHOOLS AND INSTRUCTORS 

SECTION .0300 - SCHOOL LOCATION: PHYSICAL 
FACILITIES: AND COURSES OF INSTRUCTION 

.0306 COURSE OF INSTRUCTION 

(a) The commercial truck driving course to be taken by 
licensed persons who are 18 years old or older must meet the 
following requirements: 

(1) Minimum hours of instruction: 

(A) classroom instruction, including 

testing 50 hours 

(B) field instruction 50 hours 

(C) highway behind-the-wheel 

training 20 hours 

(D) observation (highway 
behind-the-wheel) 40 hours 

Total - 160 hours 
The hours of instruction may be expressed in credit hours 
provided the school is accredited by an accrediting agency 
recognized by the United States Department of Education and 
the conversion ratio of that accrediting agency is properly 
used. 

(2) Content of classroom and behind-the-wheel 
instruction: 

(A) laws relating to interstate and intrastate 
operations; 



(B) pre-trip inspection; 

(C) coupling and uncoupling of combination 
units, if the equipment to be driven includes 
such units; 

(D) placing the vehicle in operation; 

(E) use of the vehicle's controls and emergency 
equipment; 

(F) operation in inner-city and interstate 
highway traffic and passing; 

(G) turning the vehicle; 

(H) braking and slowing the vehicle by means 

other than applying the brakes; 
(I) backing and parking the vehicle; 
(J) experience operating vehicles with a 
minimum gross vehicle weight of 49,000 
pounds; and 
(K) completing Driver's Daily Log books. 
(3) Other requirements: 

(A) the 160 hours of instructions required by 
this Rule shall be completed in no less than 
four calendar weeks; 

(B) three hours of the 20 hours of 
behind-the-wheel highway training must be 
completed by each student between dusk 
and dawn; 

(C) one vehicle must be provided for each three 
students during highway training. Four 
students per vehicle are permitted if the 
vehicle has been inspected and approved by 
the Division. The Division shall approve 
the vehicle if it determines the vehicle will 
seat four people. No more than four 
students per vehicle and no more than four 
vehicles per instructor shall be allowed for 
field training; and 

(D) a Driver's Daily Log must be kept for each 
student to reflect the 160 hours of 
instruction. 

(b) Credit for Prior Instruction. Credit for prior 
instruction or training given by another agency or school may 
be granted. Such credit may be granted by the school to 
which the candidate is applying if the prior instruction or 
training is substantially equivalent to the corresponding part 
or parts of the course required by North Carolina law and if 
such credit is confirmed and authorized as equivalent by the 
Enforcement Section of the Division. 

(c) In addition to the course requirements of Paragraph (a) 
of this Rule, schools may offer a "Refresher Course" which 
shall meet the following requirements: 

(1) Minimum hours of instruction shall total 80 hours 
as follows: 

(A) Classroom instruction, labs, and 

testing 25 hours 

(B) Field instruction 25 hours 

(C) Highway behind the wheel 

training 10 hours 

(D) Observation (highway behind the 



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wheel) 20 hours 

Total - 80 hours 
The hours of instruction may be expressed in credit hours 
provided the school is accredited by an accrediting agency 
recognized by the United States Department of Education and 
the conversion ratio of that accrediting agency is properly 
used. 
(2) Content of Classroom and behind the wheel 
instruction shall be as follows: 

(A) Laws relating to interstate and intrastate 
operations; 

(B) Pre-trip inspection; 

(C) Coupling and uncoupling of combination 
imits, if the equipment to be driven includes 
such units; 

(D) Placing the vehicle in operation; 

(E) Use of the vehicle's controls and emergency 
equipment; 

(F) Operation in inner-city and interstate 
highway traffic and passing; 

(G) Turning the vehicle; 

(H) Braking and slowing the vehicle by means 

other than applying the brakes; 
(I) Backing and parking the vehicle; 
(J) Experience operating vehicles with a 
minimum gross weight of 49,000 pounds; 
and 
(K) Completing Drivers Daily Log books. 
(3) Other requirements are as follows: 

(A) The 80 hours of instruction required by this 
Rule shall be completed in no less than two 
calendar weeks; 

(B) Two hours of the 10 hours behind the wheel 
highway training shall be completed by each 
student between dusk and dawn; 

(C) One vehicle must be provided for each three 
students during highway training. Four 
students per vehicle are permitted if the 
vehicle has been inspected and approved for 
such use by the Division. The Division 
shall approve the vehicle if it determines the 
vehicle will seat four people. No more than 
four students shall be allowed per vehicle 
for field training; and; 

(D) A drivers log must be kept for each student 
to reflect the 80 hours of instruction. 

History Note: Authority G.S. 20-321; 20-322; 20-323; 
Eff. May 1. 1987; 

Amended Eff. Au gust 1. 1998; April 1, 1997; January 1, 
1994; May 1, 1990. 

.0306 COURSE OF INSTRUCTION 

(a) The commercial truck driving course to be taken by 
licensed persons who are above the age of 18 must meet the 
following requirements: 

(1) Minimum hours of instruction: 



(A) classroom instruction, including 

testing 50 hours 

(B) field instruction 50 hours 

(C) highway behind-the-wheel 

training 20 hours 

(D) observation (highway 
behind-the-wheel) 40 hours 

Total - 160 hours 
The hours of instruction may be expressed in credit hours 
provided the school is accredited by an accrediting agency 
recognized by the United States Department of Education and 
the conversion ratio of that accrediting agency is properly 
used. 

(2) Content of classroom and behind-the-wheel 
instruction: 

(A) laws relating to interstate and intrastate 
operations; 

(B) pre-trip inspection; 

(C) coupling and uncoupling of combination 
units, if the equipment to be driven includes 
such units; 

(D) placing the vehicle in operation; 

(E) use of the vehicle's controls and emergency 
equipment; 

(F) operation in inner-city and interstate 
highway traffic and passing; 

(G) turning the vehicle; 

(H) braking and slowing the vehicle by means 

other than applying the brakes; 
(I) backing and parking the vehicle; 
(J) experience operating vehicles with a 
minimum gross vehicle weight of 49,000 
pounds; and 
(K) completing Driver's Daily Log books. 

(3) Other requirements: 

(A) the 160 hours of instructions required by 
these rules shall be completed in no less 
than four calendar weeks; 

(B) three hours of the 20 hours of 
behind-the-wheel highway training must be 
completed by each student between dusk 
and dawn; 

(C) one vehicle must be provided for each three 
students during highway training. Four 
students per vehicle are permitted if the 
vehicle has been inspected and approved by 
the Division. The Division shall approve 
the vehicle if it determines the vehicle will 
seat four people. No more than four 
students per vehicle and no more than four 
vehicles per instructor will be allowed for 
field training; and 

(D) a Driver's Daily Log must be kept for each 
student to reflect the 160 hours of 
instruction. 

(b) Credit for Prior Instruction. Credit for prior 
instruction or training given by another agency or school may 



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APPROVED RULES 



be granted. Such credit may be granted by the school to 
which the candidate is applying if the prior instruction or 
training is substantially equivalent to the corresponding part 
or parts of the course required by North Carolina law and if 
such credit is confirmed and authorized as equivalent by the 
Enforcement Section of the Division. 

History Note: Authority G. S. 20-320 through 20-328; 

Eff. May 1, 1987; 

Amended Eff. April 1. 1997; January 1. 1994; May 1, 1990. 

.0307 STUDENT REQUIREMENTS 

Students 18 years of age or older but less than 21 years of 
age must be informed by the owner(s) or officers of the 
school of the age restrictions and limitations established by 
the United States Department of Transportation and the 
Motor Carrier Safety Unit of the Division of Motor Vehicles. 

History Note; Authority' G.S. 20-320 through 20-328; 

Eff. May 1. 1987; 

Amended Eff. April 1. 1997; January' 1, 1994; May 1. 1990. 

.0308 REPORTS TO BE SUBMITTED 

(a) Every commercial truck driver training school offering 
a full program shall submit to the Division the following 
reports: 

A schedule of classes for each licensing period. 

A class roster as of the first day of class, which 

roster shall include the name, address, telephone 

number, and driver's license number of each 

student. 

A copy of each student's contract(s). 

A list of salesmen/recruiters working for the 

school (directly or indirectly) at the beginning of 

the licensing period, with additions or deletions to 

be filed within 30 days of such change. 

(b) Every commercial truck driver training school offering 
seminars only shall submit and obtain approval of a course 
plan as required in Rules .0201 and .0306 of this Section at 



(1) 
(2) 



(3) 
(4) 



least 30 days prior to the class. It shall also submit items in 
Subparagraphs (a)(1) and (a)(4) of this Rule. 

History Note: Authority G.S. 20-320 through 20-328; 

Eff. May 1. 1987; 

Amended Eff. April 1. 1997; January 1, 1994; February 1, 

1991. 

.0308 REPORTS TO BE SUBMITTED 

(a) Every commercial truck driver training school offering 
a full program shall submit to the Division the following 
reports: 

(1) A schedule of classes for each licensing period. 

(2) A class roster as of the first day of class, which 
roster shall include the name, address, telephone 
number, and driver's license number of each 
student. 

(3) A copy of each student's contract(s). 

(4) A list of salesmen/recruiters working for the 
school (directly or indirectly) at the beginning of 
the licensing period, with additions or deletions to 
be filed within 30 days of such change. 

("b) Every commercial truck driver training school offering 
seminars only shall submit and obtain approval of a course 
plan as required in Rules .0201 and .0306 of this Subchapter 
at least 30 days prior to the class. It shall also submit items 
in Subparagraphs (a)(1) and (a)(4) of this Rule. 

(c) Every commercial truck driver training school offering 
a "refresher course" shall submit in addition to the 
requirements of Paragraph (a) of this Rule, a seven-year 
driving record attached to each student's contract. 

History Note; Authority G.S. 20-321; 20-322; 

Eff. May 1. 1987; 

Amended Eff. August 1. 1998; April 1, 1997; January 1, 

1994; February 1. 1991. 



2018 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



LIST OF RULES CODIFIED 



T 

J. he List of Rules Codified 


is a listing of rules that were filed with OAH in the month indicated and have been 


entered into the Code. 






Ke^ 






Citation 


= 


Title. Chapter, Subchapter and Rule(s) 


AD 


= 


Adopt 


AM 


= 


Amend 


RP 


= 


Repeal 


With Chgs 


= 


Final text differs from proposed text 


Corr 


= 


Typographical errors or changes that requires no rulemaking 


Temp. 


= 


Rule was filed as a temporary nde 


Ejf. Date 


— 


Date rule becomes effective 



NORTH CAROLINA ADMINISTRATIVE CODE 
FEBRUARY & MARCH 1997 



TITLE 


DEPARTMENT 


10 


Human Resources 


13 


Labor 


15A 


Environment, Health, and 




Natural Resources 


19A 


Transportation 



TITLE 

21 



23 



DEPARTMENT 

Occupational Licensing Board 
1 - Acupuncture 
12 -General Contractors 
46 - Pharmacy 
Community Colleges 



RULE CITATION 


AD 


VM 


RP 


wrra 

CHGS 


CORR 


TE.MP 


EFFECTIVE 
DATE 


10 NCAC 18W .0201 


/ 






/ 






03/01/97 


.0203 


/ 






/ 






03/01/97 


.0205 


/ 






/ 






03/01/97 


.0211 


/ 






/ 






03/01/97 


.0214- .0215 


/ 






/ 






03/01/97 


.0218 


/ 






/ 






03/01/97 


10 NCAC 18W.0201 - .0219- 
recodified to 10 NCAC 14V .7001- 
.7019 














02/01/97 


26H .0213 




/ 








/ 


04/15/97 


13 NCAC 7F .0101 




/ 










02/11/97 


.0101 




/ 










02/28/97 


.0101 




/ 










03/07/97 


.0201 




/ 










02/11/97 


.0201 




/ 










03/07/97 


.0501 




/ 










02/11/97 





11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2019 







LIST OF RULES CODIFIED 










RULE CITATION 


AD 


\y\ 


RP 


WITH 
CHGS 


CORK 


TEMP 


EFFECTI\-E 
DATE 


13 


NCAC 7F .0501 




/ 










03/07/97 


13 


NCAC 13 .0213 




/ 








/ 


03/11/97 


15A 


NCAC 31 .0117 




/ 








/ 


04/20/97 


7H .0305 










/ 




01/01/97 


18A .0134 










/ 




02/01/97 


.0614 










/ 




02/01/97 


24A .0202(d) 




/ 










04/01/97 


.0202(f) 




/ 








/ 


03/01/97 


19A 


NCAC 3J .0306 - .0308 




/ 










04/01/97 


21 


NCAC 1 .0706 - .0707 


/ 












03/01/97 


12 .0202 




/ 








/ 


02/18/97 


46 .1603 




/ 




/ 






04/01/97 


.1701 - .1702 






/ 








04/01/97 


.1704- .1705 






/ 








04/01/97 


.1812 


/ 






/ 






04/01/97 


.2602 




/ 










04/01/97 


.2609 




/ 










04/01/97 


23 


NCAC lA .0001 




/ 








/ 


06/01/97 


2C .0108 




/ 








/ 


06/01/97 


.0304 




/ 










03/01/97 


.0305 




/ 








/ 


06/01/97 


.0604 






/ 






/ 


06/01/97 


2D .0103 




/ 








/ 


06/01/97 


.0201 - .0203 




/ 








/ 


06/01/97 


.0301 




/ 








/ 


06/01/97 


.0323 - .0324 




/ 








/ 


06/01/97 


.0327 




/ 








/ 


06/01/97 


2E .0101 




/ 








/ 


06/01/97 


.0102 






/ 






/ 


06/01/97 


.0201 




/ 








/ 


06/01/97 


.0203 






/ 






/ 


06/01/97 


.0204 


/ 










/ 


06/01/97 





2020 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



LIST OF RULES CODIFIED 





RULE CITATION 


AD 


AM 


RP 


WITH 
CHGS 


CORR 


TEMP 


EFFECTIVE 
DATE 


23 


NCAC 2E .0205 

(Recodified from .0604) 




/ 








/ 


06/01/97 


.0501 




/ 








/ 


06/01/97 


.0604 




/ 








/ 


06/01/97 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2021 



RULES REVIEW COMMISSION 



1 his Seciion contains the agenda for the next meeting of the Rules Review Commission on Thursday-. April 17. 1997. 10:00 
a.m. . at 1307 Glenwood Ave.. Assembly Room. Raleigh, NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those conunents to the RRC staff, the agency, and the individual Commissioners by Monday. 
.April 14. 1997. ai 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 
919-733-2721. Anxone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours 
prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip 0. Redwine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henrv 



Appointed by House 

Bill Graham - Vice Chairman 

James MaJlory. Ill 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



April 17, 1997 
May 15. 1997 
June 19, 1997 



July 17, 1997 
August 21, 1997 
September 18, 1997 



MEETING DATE: APRIL 17, 1997 



LOG OF HLINGS 
RULES SUBMITTED: FEBRUARY 20, 1997 THROUGH MARCH 20, 1997 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



DHR/DIVISION OF MEDICAL ASSISTANCE 

Technique for Overpayments 

DEPARTMENT OF INSURANCE 

Applicability 

Definitions 

Basic and Premium Deficiency 

Calculation 

Calculation 



10 NCAC 26G .0707 



11 NCAC II F .0401 
11 NCAC IIF .0402 
11 NCAC IIP .0403 
11 NCAC IIF .0404 
11 NCAC IIF .0405 



Amend 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



JUSTICE/NC CRIMINAL JUSTICE EDUCATION & TRAINING STANDARDS COMMISSION 



Definitions 12 NCAC 9A .0103 

Background Investigation 12 NCAC 9B .0102 

Minimum Standards 12 NCAC 9B .01 1 1 

Basic Training 12 NCAC 9B .0206 

Basic Training 12 NCAC 9B .0224 

Basic Training 12 NCAC 9B .0225 

Satisfaction of Minimum Training 12 NCAC 9B .0409 

General Certification 12 NCAC 9C .0304 

Agency Retention 12 NCAC 9C .0307 

Lateral Transfer 12 NCAC 9C .0309 
Approved Speed-Measuring Instruments 12 NCAC 9C .0601 

Testing: Accuracy 12 NCAC 9C .0602 

Testing; Radio Microwave 12 NCAC 9C .0603 

Tesiins: Time-Distance 12 NCAC 9C .0604 



Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Repeal 
Repeal 
Repeal 



2022 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



RULES REVIEW COMMISSION 



Operating Procedures 


12 NCAC 9C .0605 


Repeal 


Concurrent Responsibility 


12 NCAC 9C .0606 


Repeal 


Speed-Measuring Instrument 


12 NCAC 9C .0607 


Adopt 


Speed-Measuring Instrument 


12 NCAC 9C .0608 


Adopt 


DEHNR/ENVmONMENTAL MANAGEMENT COMMISSION 






Excess Emissions 


15A NCAC 2D .0535 


Amend 


Purpose and Scope 


15ANCAC2D .1201 


Amend 


Definitions 


15ANCAC2D .1202 


Amend 


Test Methods 


15ANCAC2D .1203 


Amend 


Reporting 


ISA NCAC 2D .1204 


Amend 


Emission Standards 


15ANCAC2D .1205 


Amend 


Operational Standards 


15ANCAC2D .1206 


Amend 


Excess Emissions 


15ANCAC2D .1207 


Amend 


Operator Training 


15ANCAC2D .1208 


Adopt 


Compliance Schedules 


15 A NCAC 2D. 1209 


Amend 


Application Processing 


15ANCAC2Q .0312 


Amend 


Expedited Application Processing 


15ANCAC2Q .0313 


Adopt 


Application Processing Schedule 


15A NCAC 2Q .0525 


Amend 


Expedited Application Processing 


15A NCAC 2Q .0527 


Adopt 


Application Processing Schedule 


15A NCAC 2Q .0607 


Amend 


DEHNR/MARINE HSHERIES COMMISSION 






Endangered or Threatened Species 


15A NCAC 31 .0107 


Amend 


Military Prohibited Areas 


15A NCAC 31 .01 10 


Amend 


Coral and Live Rock 


15ANCAC3I .0116 


Amend 


Trawl Nets 


15ANCAC3J .0104 


Amend 


Crab, Eel, Fish and Shrimp Pots 


15ANCAC3J .0301 


Amend 


Non-Commercial Harvest 


15A NCAC 3K .0105 


Amend 


Dredges/Mechanical Methods 


15A NCAC 3K .0204 


Amend 


Prohibited Taking 


15A NCAC 3K .0304 


Amend 


Crab Dredging 


15A NCAC 3L .0203 


Amend 


Crab Spawning Sanctuaries 


15A NCAC 3L .0205 


Amend 


Season, Size, and Harvest Limit 


15A NCAC 3M .0204 


Amend 


Season and Areas 


15ANCAC3M .0401 


Amend 


Maps and Marking 


15ANCAC3N .0103 


Amend 


Prohibited Gear 


15A NCAC 3N .0104 


Amend 


Prohibited Gear 


15ANCAC3N .0105 


Amend 


License Agents 


15A NCAC 30 .0101 


Amend 


Standards for Shellfish Bottom 


15A NCAC 30 .0201 


Amend 


Shellfish Bottom 


15A NCAC 30 .0202 


Amend 


Lease Renewal 


15A NCAC 30 .0205 


Amend 


Cancellation 


15A NCAC 30 .0208 


Amend 


Sea Turtle Sanctuary 


15A NCAC 3R .0101 


Amend 


Military Restricted Areas 


I5A NCAC 3R .0102 


Amend 


Primary Nursery Areas 


15ANCAC 3R .0103 


Amend 


Permanent Secondary Nursery Areas 


15A NCAC 3R .0104 


Amend 


Special Secondary Nursery Areas 


15A NCAC 3R .0105 


Amend 


Designated Pot Areas 


15A NCAC 3R .0107 


Amend 


DEHNR/WILDLIFE RESOURCES COMMISSION 






Permitted Archery Equipment 


15ANCAC lOB .0116 


Amend 


Hunting on Game Lands 


15A NCAC lOD .0003 


Amend 


No Wake Zone 


15ANCAC 10F.0317 


Amend 


No Wake Zone 


15A NCAC lOF .0327 


Amend 


No Wake Zone 


15A NCAC lOF .0339 


Amend 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2023 



RULES REVIEW COMMISSION 



DEHNR/CONLMISSION FOR HEALTH SERVICES 

General 

General Program Requirements 

Standards Applicable 

Standards for Management 

Land Disposal Restrictions 

Standards 

Adoption and Incorporation by Reference 

Adoption and Incorporation by Reference 

TRANSPORTATION/DIVISION OF HIGHWAYS 

Revocation of Permit 



15ANCAC 13A .0101 
15ANCAC 13A .0105 
15ANCAC 13A .0107 
15ANCAC 13A .0111 
15ANCAC 13A .0112 
15ANCAC 13A .0119 
15ANCAC21I .0101 
15ANCAC21J .0101 



19ANCAC2E .0210 



Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Adopt 

Adopt 



Amend 



NC STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS 

Initial Licensure Fee 21 NCAC 37D .0202 Amend 

Renewal Fee 21 NCAC 37G .0102 Amend 



RULES REVIEW OBJECTIONS 



ACUPLTVCTUTIE LICENSLNG BOARD 



21 NCAC 1 .0706 - Continuances 

Agenq.' Revised Rule 
21 NCAC 1 .0707 - Disqualification for Personal Bias 

Agency Revised Rule 

ADMINISTRATION 

State Construction 

1 NCAC 30G .0102 - Policy 

1 NCAC 30G .0104 - General Procedures 

COMMUNITY COLLEGES 

23 NCAC 2C .0304 - Student Loan Funds for Vocational and Technical Education 

Agency Revised Rule 
23 NCAC 2E .0203 - Standards for Technical-Vocational Curriculurm 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOLTICES 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/16/97 
02/20/97 
01/16/97 
02/20/97 



03/20/97 
03/20/97 



01/16/97 
02/20/97 
01/16/97 
02/20/97 



Coastal Management 

15A NCAC 7M .0403 - Policy Statements 
Agency Revised Rule 

HUMAN RESOURCES 

Child Day Care Commission 

10 NCAC 3U .0707 - In-Ser\ice Training Requirements 

Facility Services 

10 NCAC 3R .3030 - Facility and Service Need Determinations 
Agency Revised Rule 
No Response from Agency- 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



RRC Objection 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 
Obj. Cont'd 



01/16/97 
02/20/97 



03/20/97 



10/17/96 
11/21/96 
12/19/96 
02/20/97 



2024 



SORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



RULES REVIEW COMMISSION 



Agency Revised Rule 
10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 



10 NCAC 3R .3034 - Heart-Lung Bypass Mch. Need Det./New Open Heart Sgy. Svcs. 

Rule Returned to Agency 
10 NCAC 3R .3035 - Heart-Lung Bypass Mch. Need Det. /Existing Open Heart Sgy. Svcs. 

Rule Returned to Agency 
10 NCAC 3R .3036 - Cardiac Catheterization Eqpt Need Det./New Providers 

Rule Returned to Agency 
10 NCAC 3R .3037 - Cardiac Catheterization Eqpt Need Det. /Existing Providers 

Rule Returned to Agency 
10 NCAC 3R .3038 - Cardiac Angioplasty Eqpt Need Det./New Providers 

Rule Returned to Agency 
10 NCAC 3R .3039 - Cardiac Angioplasty Eqpt Need Det. /Existing Providers 

Rule Returned to Agency 

Mental Health: Other Programs 

10 NCAC 18W .0201 - Scope 

Agency Revised Rule 
10 NCAC 18W .0203 - General Provisions 

Agency Revised Rule 
10 NCAC 18W .0205 - Emotional, Mental or Neurological Handicap Defined 

Agency Revised Rule 
10 NCAC 18W .0211 - Needs Assessment 

Agency Revised Rule 
10 NCAC 18W .0214 - Area Program Requirements 

Agency Revised Rule 
10 NCAC 18W .0215 - Division Requirements 

Agency Revised Rule 
10 NCAC 18W .0218 - Contested Case Hearings 

Agency Revised Rule 

INSURANCE 

;; NCAC 12 .1702 - Viatical Settlement Providers 

BOARD OF NURSING 

21 NCAC 36 .0320 - Students 

BOARD OF PHARMACY 

21 NCAC 46 .1317- Definitions 

21 NCAC 46 .1410 - Personnel 

21 NCAC 46 .1411 - Responsibilities of the Pharmacist-Manager 

■21 NCAC 46 . 1412 - Physical Requirements 

21 NCAC 46 .1414 - Drug Distribution and Control 

21 NCAC 46 . 1415 - Medication in Health Care Facility Emergency Departments 

21 NCAC 46 .1416 - Repackaging 

21 NCAC 46 . 1604 - Transfer of Permits Allowed 



Obj. Removed 


03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 


Obj. Cont'd 


03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Cont'd 


02/20/97 




03/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 


RRC Objection 


01/16/97 


Obj. Removed 


02/20/97 



RRC Objection 



RRC Objection 



03/20/97 



03/20/97 



11:26 



NORTH CAROLINA REGISTER 



RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


nents RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


RRC Objection 


03/20/97 


April 15, 1997 


2025 



RULES REVIEW COMMISSION 



21 NCAC 46 .1703 - Drugs to Be Dispensed 
21 NCAC 46 .2611 - Medical Equipment 

TRANSPORTATION 

Division of Motor Vehicles 

19A NCAC 3 J .0306 - Course of Instruction 

Agency Revised Rule 
19A NCAC 3J .0307 - Student Requirements 

Rule Returned to Agency 
19A NCAC 3J .0308 - Reports to be Submitted 

Agency Revised Rule 



RRC Objection 
RRC Objection 



03/20/97 
03/20/97 



I 



RRC Objection 


02/20/97 


Obj. Removed 


03/20/97 


RRC Objection 


02/20/97 




03/20/97 


RRC Objection 


02/20/97 


Obj. Removed 


03/20/97 



{ 



2026 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings. (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



AGENCY 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Thomas R. West 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Douglas J Register v. Department of Administration 

Purchase and Contract 

Budd Seed. Inc. v- Department of Administration 

ALCOHOLIC BEVERAGE CONTROL COMNDSSION 

Osama Arafat Sadar v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale, Bev, Ctl, Comm. & Durham Mem. Bapt. Ch. 
Alcoholic Beverage Control Commission v Tremik, Inc. 
City of Raleigh v. Alcoholic Beverage Control Commission 

and 
Marshall Stewart, Ul. Robert David Park, and Park Stewart Inc. 
Alcoholic Beverage Control Commission v, Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v. Huffman Oil Co.. Inc. 
Pinikin P. Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur, Inc. 
Alcoholic Beverage Control Commission v. Zell, Inc. 
Alcoholic Beverage Control Commission v Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sahri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 



96DOA0172 



96DOA0281 



95 ABC 0721 
95 ABC 0883*' 
95 ABC 0917 
95 ABC 0922 
95 ABC 0925 
95 ABC 1143 



Alcoholic Beverage Control Commission v Cashions Food Mart, 
Alcoholic Beverage Control Commission v. E.K.'s II, Inc. Carl E. 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed. Inc. 
Alcoholic Beverage Control Commission v. Kubbard. Inc. 
Alcoholic Beverage Control Commission v. Stemmermans's, Inc. 



Inc. 
Collins 



95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 
95 ABC 

95 ABC 

96 ABC 
96 ABC 
96 ABC 
96 ABC 



1200 
1251 
1329 
1363 
1366 
1389 
1402 
1424 
1443 
1444 
1458 
1480 
1488 
0013 
0016 
0017 
0018 



Reilly 



Chess 



Gray 

Gray 

West 

Chess 

Morrison 

Morrison 



West 

West 

West 

Reilly 

West 

West 

Phipps 

Phipps 

West 

Gray 

Chess 

West 

West 

Reilly 

Chess 

Reilly 

Chess 



08/16/96 



09/19/96 



07/09/96 
07/10/96 
08/21/96 
04/24/96 
03/25/96 
11/08/96 



04/23/96 
04/03/96 
04/10/96 
05/02/96 
06/17/96 
04/01/96 
03/27/96 
04/03/96 
03/26/96 
03/13/96 
08/12/96 
04/15/96 
03/29/96 
04/26/96 
05/28/96 
05/20/96 
05/28/96 



11:12 NCR 1027 



11:17 NCR 1362 



11 03 NCR 166 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2027 



CONTESTED CASE DECISIONS 



AGENCY 



George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Commission v. Bayron Green 
Alcoholic Beverage Control Commission v Circle K Stores. Inc. 
Alcoholic Beverage Control Commission v Robert Montgomery McKnight 
Alcoholic Beverage Conlrol Commission v Cadillacs Discotheque, Inc 
Gerald Audry Sellars v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v, Jacqueline Robin Anthony 
Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 
Alcoholic Beverage Conlrol Commission v C N H. Enterprises, Inc- 
Alcoholic Beverage Control Commission v, Millicent J. Green 
Ghassan Hasan Issa v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh 
Alcoholic Beverage Control Commission v. Triangle Drive-In 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v, Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Conlrol Commission v, Giles Rozier 
Alcoholic Beverage Control Commission v. Clifton Franklin Smith 
Alcoholic Beverage Control Comm. v Crown Central Petroleum Corp. 
Dilthra Smith Patton v .Alcoholic Beverage Control Commission 
Virginia Caporal v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v James Eads Sprowles 
Alcoholic Beverage Control Commission v. Chae Ypo Chong 
Alcoholic Beverage Control Commission v. Albert S. Carter 
Alcoholic Beverage Conlrol Commission v. Taleb Abed Rahman 
Alcoholic Beverage Control Comm. v Ceniergrove Entertainment Em 
Michael L. Harris D/B/A Big House Inc. v. Alcoholic Beverage Control 
Joseph Marcel Eiienne v .Alcoholic Beverage Control Commission 
Alcoholic Beverage Conlrol Commission v. Jesse Smith 
Alcoholic Beverage Control Commission v. Winn Di.xie Charlotte. Inc 
Alcoholic Beverage Control Commission v. Winn Dixie Charlotte. Inc. 
Louis Corpening v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Conlrol Commission v. Joyce N. Capra 
H.ARB Inc. v .Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Mutaz Mohammed 
Alcoholic Beverage Control Commission v. Warner Enterprises, Inc. 
Alcoholic Beverage Control Commission v James Ramsey, Jr 
Alcoholic Beverage Conlrol Commission v. Russell Bernard Speller 
Alcoholic Beverage Control Comm v Pinrshp.,T/A Blue Front Groc 
Alcoholic Beverage Control Comm v Crown Central Petroleum Corp 
Alcoholic Beverage Control Commission v. Anthony Jerome Foster 
Alcoholic Beverage Control Comm v Park Enierlainmeni. Inc. 
Lomax Brooks v. Alcoholic Beverage Control Commission 



CASE 




DATE OF 


PLIBLISHED DECISION 


IVIIMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 ABC 0058 


Becion 


04/16/96 




96 ABC 0097 


Becion 


08/23/96 




96 ABC 0134 


Gray 


11/06/96 




96 ABC 0135 


Phipps 


05/09/96 




96 ABC 0136 


Phipps 


12/04/96 




96 ABC 0160 


Becion 


06/25/96 


11.08 NCR 564 


96 ABC 0184 


Phipps 


05/09/96 




96 ABC 0226 


Phipps 


08/02/96 




96 ABC 0232 


Becton 


07/09/96 




96 ABC 0234 


Smith 


06/13/96 




96 ABC 0256 


Morrison 


05/23/96 




96 ABC 0381 


Chess 


08/27/96 




96 ABC 0443 


Reilly 


06/11/96 




96 ABC 0447 


Morrison 


08/30/96 


11:13 NCR 1085 


96 ABC 0448 


Morrison 


08/30/96 




96 ABC 0449 


Morrison 


08/30/96 




96 ABC 0450 


Morrison 


08/30/96 




96 ABC 0473 


Morrison 


09/19/96 




96 ABC 0474 


Reilly 


08/12/96 




96 ABC 0482 


Morrison 


10/18/96 




96 ABC 0505 


Morrison 


08/06/96 




96 ABC 0507 


Becton 


10/04/96 




96 ABC 0526*' 


Gray 


07/10/96 




96 ABC 0530 


Morrison 


10/29/96 




96 ABC 0534 


Morrison 


08/05/96 




96 ABC 0551 


West 


11/14/96 




96 ABC 0583 


Reilly 


08/12/96 




96 ABC 0680 


Phipps 


02/12/97 




96 ABC 0718 


Phipps 


10/17/96 




96 ABC 0804 


Gray 


11/19/96 




96 ABC 0858 


Morrison 


11/21/96 




96 ABC 0859 


Morrison 


11/21/96 




96 ABC 0985 


Gray 


09/26/96 




96 ABC 1060 


Reilly 


11/15/96 




96 ABC 1124 


Phipps 


10/23/96 




96 ABC 1181 


Chess 


02/13/97 




96 ABC 1315 


Gray 


01/30/97 


11:23 NCR 1801 


96 ABC 1317 


Gray 


02/03/97 




96 ABC 1394 


Smith 


12/20/96 




96 ABC 1469 


Smith 


12/09/96 




96 ABC 1584 


Gray 


02/12/97 




96 ABC 1587 


Reilly 


01/29/97 




96 ABC 1928 


Smith 


02/06/97 




96 ABC 1930 


Grav 


03/21/97 





COMMISSION FOR AUCTIONEERS 



John W. Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 



96CFA0201 
96 CFA 0297 



Phipps 
Smith 



05/06/96 
10/18/96 



DEPARTMENT OF CORRECTION 



James J Lewis v Department of Correction 
CRIME CONTROL AND PLffiLIC SAFETY 



96 DOC 0772 



West 



09/05/96 



Roland Lee Kelly. Jr v United Family Services. Victim /\ssistance/Crime 

Victims Compensation Comm 
Robert F Bronsdon v Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Deborah C. Passarelli v. Crime Victims Compensation Commission 
Kenneth Saunders v Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T Mungo v. Victims Compensation Commission 
Jerome Crutchfield v CPS. Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v Crime Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Daisy Reid v Crime Victims Compensation Commission 
Earlie McLaurin. Jr. Delano McLaurin. Sr v. Crime Victims Comp Comm 



95 CPS 0568 


Morrison 


05/29/96 




95 CPS 1216 


Chess 


05/28/96 




95 CPS 1336 


Smith 


03/29/96 


1 1 02 NCR 93 


95 CPS 1399 


Reilly 


07/18/96 


11 09 NCR 814 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0056 


Smith 


07/03/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 01 18 


Chess 


03/19/96 




96 CPS 0280 


West 


07/10/96 




96 CPS 0333 


Reilly 


07/09/96 




96 CPS 0340 


Phipps 


09/05/96 




96 CPS 0435 


Chess 


08/22/96 




96 CPS 0468 


Chess 


09/25/96 




96 CPS 0493 


Morrison 


06/13/96 




96 CPS 0499 


West 


11/18/96 




96 CPS 0639 


West 


01/21/97 





2028 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



Anthony P, Dawkins v. Crime Victims Compensation Commission 

Judy Worley Milam v. Crime Victims Compensation Commission 

James A. Cherry v. Crime Control & Public Safety 

Shirley M, King v. Crime Victims Compensation 

Marie Matthews for Child Victim v. Crime Victims Compensation Comm. 

Clara Durham v. Victims Compensation 

George Battle. Jr. v. Crime Control &. Public Safety 

Larry McLeod v. Crime Victims Compensation Commission 

Shawn P- Saddler v. Victims Compensation Commission 

Ricky Cleveland v. Crime Victims Compensation Commission 

David Carl Anderson v. Crime Victims Compensation Commission 

Douglas Alan West v. Crime Victims Compensation Commission 

Sandra Ray Weden v. Victim's Compensation Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CPS0716 


Reilly 


08/16/96 




96CPS0717 


Gray 


11/21/96 




96 CPS 0793 


Phipps 


01/17/97 




96 CPS 0802 


West 


08/08/96 




96 CPS 0832 


Becton 


08/20/96 




96 CPS 0906 


Phipps 


09/23/96 




96 CPS 1006 


Phipps 


01/17/97 




96 CPS 1073 


Smith 


03/14/97 




96 CPS 1109 


Morrison 


01/02/97 




96 CPS 1 1 74 


Chess 


03/06/97 




96 CPS 1409 


Smith 


11/25/96 




96 CPS 1888 


West 


01/03/97 




97 CPS 0072 


Phipps 


03/11/97 





ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Gribble & Assoc. & Four Seasons Car Wash v. EHNR 

Webster Environmental Inc v. EHNR. Asbestos Hazard Mgmi Branch 

Wilton Evans v. Environment. Health. &. Natural Resources 

David Martin Shelton v. Rockingham County Dept/Public Health. EHNR 

Kinston Urological Associates. PA. v. N.C. Cancer Program 

Kinston Urological Associates. PA. v. N.C. Cancer Program 

Elsie & Tony Cecchini v. Environment. Health. & Natural Resources 

United Organics Corporation v Environment. Health. & Natural Res. 

Gerald Mac Clamrock v. Environment. Health. & Natural Resources 

Phillip T. Goetz v Carteret County Health Center 

John Milazzo v Environment. Health. & Natural Resources 

Wayne Marshall. Pres. Metro Area Dev.. Inc. v. EHNR 

David J. Mohn v. Environment. Health. & Natural Resources 

Robert D, Smith v. Brunswick County Health Dept.. Bolivia. NC 

Elizabeth Shepard Covin v. Environment. Health. & Natural Resources 

The Papco Group. Inc. v. Forsyth County Environmental Affairs Dept 

Reuben Massey v. Environment. Health, and Natural Resources 

Joseph London v Environment. Health, and Natural Resources 



95 EHR 0576 


Gray 


04/25/96 




95 EHR 0647 


Becton 


01/24/97 




95 EHR 0843 


Reilly 


07/17/96 




95 EHR 0941 


West 


05/01/96 




95 EHR 1198*- 


Smith 


03/27/96 


1 1 :02 NCR 97 


95 EHR 1199*= 


Smith 


03/27/96 


1 1 :02 NCR 97 


95 EHR 1240 


Reilly 


04/22/96 




96 EHR 0064 


Smith 


07/01/96 




96 EHR 0168 


Phipps 


05/06/96 




96 EHR 0596 


Smith 


01/23/97 




96 EHR 0644 


Reilly 


08/13/96 




96 EHR 0826 


West 


10/01/96 




96 EHR 0947 


Smith 


10/04/96 




96 EHR 1057 


Chess 


02/04/97 




96 EHR 1258 


Becton 


01/14/97 




96 EHR 1293 


Chess 


02/17/97 




96 EHR 1301 


Reilly 


12/18/96 




96 EHR 1397 


Reilly 


12/10/96 





Coastal Resources 



Martin W. Synger v. Division of Coastal Management 
J. E. Smith Construction Co v Division of Coastal Management 
Theodore D. Barns v. Town of Long Beach. NC & Coastal Mgmt. EHNR 
Town of Sunset Beach v. EHNR. Division of Coastal Management 



95 EHR 1006 


Chess 


05/13/96 




96 EHR 0074 


Smith 


02/23/96 




96 EHR 0277 


West 


05/09/96 




96 EHR 1112 


Becton 


03/26/97 


11:26 NCR 2045 



Environmental Health 



Forest Gate Motel v Environment. Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norburn v EHNR. Env. Health 
Zack Diakogiannis v. EHNR. Division of Environmental Health 



96 EHR 0076 


West 


06/17/96 


96 EHR 0162 


Phipps 


05/06/96 


96 EHR 0768 


Gray 


01/08/97 



Environmental Management 



Frank A. Corriher & Sons Well Drilling. Inc. v. Env. Mgmt.. EHNR 
North Buncombe Assoc of Concerned Citizens v. Env. Mgmt EHNR 
Ford Motor Company v. EHNR. Division of Environmental Management 
Herman E Smith v Division of Environmental Management 
Lake Summit Property Owners Assoc, v. EHNR. Environmental Mgmt. 
Conover Lumber Co.. Inc. v. EHNR. Division of Environmental Mgmt. 
City of Reidsville. a Municipal Corp. v. EHNR. Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smithfield Packing Co.. Inc.. v. EHNR. Environmental Mgmt. 
and 
Citizens for Clean Industry. Inc. and Bladen Environment 
Commscope. Inc. v. EHNR. Division of Environmental Management 
Stephen L. Reedy v. EHNR, Division of Environmental Management 
Rayco Utilities. Inc. v. EHNR. Division of Environmental Management 
Clover M Farms. Inc. v EHNR. Division of Environmental Management 
Providence Glen Associates v. Environmental Management. EHNR 
Overcash Gravel & Grading Co., Inc. v. Division of Environmental Mgmt 



95 EHR 0048 


Phipps 


09/20/96 


11:14 NCR 


1191 


95 EHR 0108 


Chess 


02/03/97 


11:24 NCR 


1866 


95 EHR 0588 


Smith 


12/20/96 






95 EHR 0962 


West 


04/30/96 






95 EHR 1022 


Reilly 


12/30/96 






95 EHR 1081 


Reilly 


04/12/96 






95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 


1249 


95 EHR 1421 


Morrison 


04/08/96 






95 EHR 1474 


West 


07/03/96 






96 EHR 0078 


Gray 


12/23/96 






96 EHR 0181 


Gray 


12/16/96 






96 EHR 0367 


Becton 


10/04/96 






96 EHR 0405 


Becton 


06/10/96 






96 EHR 0648 


Becton 


08/12/96 






96 EHR 0990 


West 


10/29/96 







Land Resources 



K&G Properties. Inc. v. EHNR. Division of Land Resources 



95 EHR 1078 



Smith 



03/25/96 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2029 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
>fL'MBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



96EHR 1 1 16 


Smith 


96EHR 1131 


Gray 


96EHR 1221 


Chess 



Marine Fisheries 

Robert I Swinson, Sr v EHNR, Health & Nat Res . Marine Fisheries 
Grayden L Fulcher and Michael Styron. Sr v. Div. of Marine Fisheries 
Johnny R Stotesberry v Marine Fisheries Commission 
Julian G Gilgo v Environment. Health, and Natural Resources 

Radiation Protection 

Marsha L Powell v EHNR. Division of Radiation Protection 
Nancy S, Webb v. EHNR. Division of Radiation Protection 
Olivia Joyce Foushee v EHNR. Division of Radiation Protection 

Vi'aste Management 

R Donald Phillips v EHNR, Solid Waste Management Division 95 EHR 1 190*-' 

R Donald Phillips v EHNR. Solid Waste Management Division 96 EHR 0554*-' 

GRACE and Margaret L Caudle-Beck v EHNR. Solid Waste Management 96 EHR 1 125 
GRACE and Margaret L. Caudle-Beck v. EHNR. Solid Waste Management 96 EHR 1125 
Herman Regmi v EHNR, Division of Solid Waste Management 96 EHR 1711 

Water Quality 

Ben Moses v EHNR. Division of Water Quality 96 EHR 1085 

WIC Program 



Lazelle Marks v, EHNR. Division of Maternal and Child Health 
Ham Sader v Nutrition Services. Div/Maternal & Child Health. EHNR 
Bob's Quick Mart, Bobby D- Braswell v, Env., Health, & Natural Res 
Larry E Mis v, USDA-Food/Cons Svc, Cory Menees-WlC Prog., EHNR 
Naser H. Hammad v Dept of Environment, Health. & Natural Resources 
Jamil M- Saleh V Dept of Environment. Health. & Natural Resources 
Khaled M Alzer v Dept of Environment, Health, & Natural Resources 
LMT Enterprises, Inc v EHNR, Maternal & Child Health, Nutrition Svcs. 

EQUAL EMPLOYMENT OPPORTUNITIES 



Marsha Dianne McKoy v DHR, DMH/DD/SAS, Caswell Center 90 EEC 0379 

Carl D Davis v Department of Correction 91 EEC 1101 

HLIIVIAN RESOURCES 



95 EHR 0320 


Chess 


03/29/96 


1 1 03 NCR 


168 


96 EHR 0003 


ReiUy 


03/06/96 






96 EHR 0072 


Gray 


08/19/96 


11;11 NCR 


955 


96 EHR 0692 


West 


12/06/96 


1119 NCR 


1530 



Phipps 



Chess 
Smith 



10/10/96 
10/23/96 
01/31/97 



Gray 


05/22/96 


Gray 


05/22/96 


Phipps 


12/06/96 


Phipps 


02/18/97 


Chess 


03/19/97 



01/21/97 



95 EHR 0870 


West 


03/27/96 


96 EHR 0054 


West 


05/22/96 


96 EHR 0091 


Smith 


04/02/96 


96 EHR 0164 


Phipps 


03/19/96 


96 EHR 0632 


Reilly 


07/09/96 


96 EHR 0634 


Phipps 


09/04/96 


96 EHR 0721 


Reilly 


07/30/96 


96 EHR 1118 


Chess 


03/20/97 



10/08/96 
05/06/96 



Cassandra M Deshazo v Christine E Carroll, Chf Chid Abuse/Neg. Sec 

Medicus Robinson v Department of Human Resources 

Britthaven, Inc. v DHR, Div/Facility Services, Certification Section 

Mr & Mrs Ronald Harris v. Department of Human Resources 

Linda Gabriel Wallace v Charlotte Health Care Center 

Shawn C. Battle, Sherry A Battle v. Department of Human Resources 

Division of Child Development 

Molly Fallin v Department of Human Resources 

Molly Fallin v Department of Human Resources 

Mary T Hill v DHR. Division of Child Development 

lola Roberson v, DHR, Division of Child Development 

Zannie M. Allen v DHR, Division of Child Development 

Ml Pleasant Church V DHR, Division of Child Development 

Yvette Nivens v DHR, Division of Child Development 

Sarah M. Carr, CSWM v DHR, Division of Child Development 

Anita Hamilton, VL's Day Care Center v DHR, Div of Child Development 

Division of Facility Services 

Eloise Brown v Dept of Human Resources, Division of Facility Services 

Harry Martin Bastian v DHR, Division of Facility Services 

Kelly Thomas v. DHR, Division of Facility Services 

Community Care #2 v DHR, Division of Facility Services 

Community Care #4 v DHR, Division of Facility Services 

Billie Mitchell v Department of Human Resources (DFS) 

Jo Ann Boyd Capps v DHR, Division of Facility Services 

Peggy Murray v DHR, Division of Facility Services 

Richard Joseph Bisciaio v DHR, (Nurse Aide Registry) Div. /Facility Svcs. 



95 DHR 1410 


Phipps 


03/28/96 


96 DHR 0167 


Smith 


04/12/96 


96 DHR 0186 


Reilly 


03/06/97 


96 DHR 0864 


Gray 


03/14/97 


96 DHR 1544 


Phipps 


01/23/97 


96 DHR 1703 


Chess 


03/18/97 



94 DHR 0872*' 


Gray 


05/15/96 


95 DHR 1013*' 


Gray 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 


96 DHR 0720 


Gray 


11/19/96 


96 DHR 1161 


Morrison 


11/19/96 


96 DHR 2089 


Smith 


02/11/97 


97 DHR 0033 


Gray 


03/18/97 



95 DHR 1002 


Phipps 


03/07/96 




96 DHR 0287 


West 


08/21/96 




96 DHR 0670 


Becton 


01/29/97 


11:23 NCR 1803 


96 DHR 0934 


Becton 


10/16/96 




96 DHR 0935 


Becton 


10/16/96 




96 DHR 0975 


Phipps 


01/02/97 




96 DHR 1115 


Gray 


12/12/96 




96 DHR 1531 


Smith 


01/31/97 




96 DHR 1971 


West 


02/24/97 





2030 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Gloria J. Buller v. DHR. Division of Facility Services 
Cenificaie of Need Seaion 



96 DHR 21 13 West 



95 DHR 1456 


Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



95 DHR 1412 


Reilly 


03/06/97 


96 DHR 0240 


Reilly 


06/18/96 


96 DHR 0358 


Morrison 


05/16/96 



96 DHR 0129 


Gray 


06/12/96 


96 DHR 0637 


West 


09/20/96 


96 DHR 0752 


Chess 


10/07/96 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 


96 DHR 1425 


Morrison 


12/13/96 


96 DHR 1471 


Morrison 


12/13/96 



Nash Hospitals, Inc v. DHR. Div/Facility Services, Cert, of Need Sect. 95 DHR 1 176** Phipps 
Pitt Cty Mem, Hospital. Inc v, DHR. Div/Facility Svcs, Cert/Need Sect, 95 DHR 1 177*' Phipps 
Tar Heel Home Health, Inc, v DHR, Div/Facility Svcs, Cert/Need Sect, 96 DHR 0513 Morrison 

Group Care Licensure Seciion 

Alex L. McCall v, DHR. Div/Facility Svcs. Group Care Licensure Sec, 
DHR. Facility Services. Group Care Licensure Sect, v, Petrova Evans 
Leola Barnes. Shaw Family Care v, DHR. Fac, Svcs. Group Care Lie, 
Gracelane Rest Home v. Group Care Lie, Section, Div. of Soc. Svcs. 

Medical Faciliiies Licensure Seciion 

Britthaven. Inc v, DHR. Div/Facility Svcs. Medical Facilities Lie Sec, 

Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie, Sec, 

Division of Medical Assistance 

Judy Malcuit. Re Melissa Malcuit v, DHR. Div, of Medical Assistance 
Durham Reg, HsptI, Behavioral HIth Svcs. v. Medical Assistance. DHR 
Jerry Heath v, DHR, Division of Medical Assistance 

Division of Social Services 

Crystean Fields v. Department of Human Resources 

Rozena Chambliss v. Department of Human Resources 

Addie & Major Short v. Department of Human Resources 

Mr, and Mrs, Jessie Stevenson v, DHR. Division of Social Services 

William G, Fisher v, DHR. Div. of Social Services. Prog Integrity Branch 

Verna F, Nunn v Department of Human Resources 

Nancy Hooker, Helen Tyndall v. Department of Human Resources 

Monica Ferrari and Justin Ferrari v, Pender County DSS 

Monica Ferrari and Justin Ferrari v. New Hanover County DSS 

Child Support Enforcement Seciion 

Donald E. Rideout Jr, v. Department of Human Resources 
Christopher F, Roakes v. Department of Human Resources 
Claude Eure Jr. v Department of Human Resources 
Richard R, Fox, Sr, v. Department of Human Resources 
Joselito D, Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v Department of Human Resources 
Carl E Coffey v. Department of Human Resources 
Keith Dewayne Senters v Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J, Moseley v. Department of Human Resources 
Derrick L, Conyers v Department of Human Resources 
Charles Edward Smith v Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Herbert W, Donahue Jr, v. Department of Human Resources 
Henry S, Sada v. Department of Human Resources 
Charles F, Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L Lindsey v Department of Human Resources 
John L Pike v. Department of Human Resources 
Wm, R, Evans v. Department of Human Resources 
Rory J, Curry v. Department of Human Resources 
Lorin A, Brown v. Department of Human Resources 



01/31/97 



05/23/96 
05/23/96 
01/22/97 



95 CSE 0952 


Reilly 


04/18/96 


95CSE 1131 


Becton 


05/03/96 


95 CSE 1155 


Phipps 


06/12/96 


95 CSE 1169 


Becton 


03/19/96 


95 CSE 1180 


Chess 


03/01/96 


95 CSE 1218 


Morrison 


03/26/96 


95 CSE 1221 


Smith 


03/05/96 


95 CSE 1230 


Becton 


03/11/96 


95 CSE 1266 


Gray 


05/02/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 1270 


Smith 


03/15/96 


95 CSE 1273 


Phipps 


04/01/96 


95 CSE 1274 


Smith 


06/12/96 


95 CSE 1278 


Smith 


03/14/96 


95 CSE 1280 


Chess 


03/19/96 


95 CSE 1296 


Chess 


03/15/96 


95 CSE 1301 


Phipps 


05/09/96 


95 CSE 1304 


Chess 


03/29/96 


95 CSE 1308 


Reilly 


03/13/96 


95 CSE 1309 


West 


03/07/96 


95 CSE 1315 


Phipps 


05/06/96 


95 CSE 1331 


Becton 


03/26/96 


95 CSE 1345 


Morrison 


03/07/96 


95 CSE 1346 


Reilly 


11/15/96 


95 CSE 1367 


Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 1373 


Morrison 


03/12/96 


95 CSE 1375 


West 


06/24/96 


95 CSE 1376 


Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 1380 


Mann 


03/15/96 


95 CSE 1382 


Reilly 


04/18/96 



11:06 NCR 389 
11:06 NCR 389 
11:22 NCR 1761 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2031 



CONTESTED CASE DECISIONS 



AGENCY 



Marcus Anthony Butls v. Departmeni of Human Resources 

Cynlhia Pinder v Department of Human Resources 

Rhonnie J. Williams v Deparmient of Human Resources 

Ramon Domenech v. Department of Human Resources 

Leonard J- Walson v. Department of Human Resources 

Timothy R Brewer, Sr v. Department of Human Resources 

Dennis L, McNeill v Department of Human Resources 

Tony A. Rogers v. Department of Human Resources 

Rick E Atkins v Department of Human Resources 

Willis Herron v. Department of Human Resources 

Timothy A Railey (Jeanes) v Department of Human Resources 

Richard E. Reader v. Departmeni of Human Resources 

Wendel McDonald v Department of Human Resources 

Wilbur Dewayne Bault v Department of Human Resources 

Reginald B Bration Sr v. Department of Human Resources 

James C Smith v, Departmeni of Human Resources 

Ronald D. Johnson v. Department of Human Resources 

Johnny Leary v Department of Human Resources 

Jimmy Strickland v. Departmeni of Human Resources 

John W Scott V. Departmeni of Human Resources 

Calvin S Austin v. Department of Human Resources 

Derek Henslee v Deparlment of Human Resources 

Donald L. Carr. Jr. v. Departmeni of Human Resources 

Norman Waycasier v. Deparlment of Human Resources 

Andre Duncan v Departmeni of Human Resources 

Lorenzo Wilson v Department of Human Resources 

Mark Kevin Burns v Department of Human Resources 

Cyril Lloyd Payne v, Departmeni of Human Resources 

Charles H Johnson v. Departmeni of Human Resources 

Willie James Myers v. Department of Human Resources 

Christopher F Byrne v. Department of Human Resources 

Richard Painall Burch v Departmeni of Human Resources 

Charles GiUispie v. Departmeni of Human Resources 

Teresa Reynolds v, Departmeni of Human Resources 

Thornell Bowden v Departmeni of Human Resources 

Kenneth Edward Burns v Department of Human Resources 

Carl R Ritter v. Department of Human Resources 

William Charles Rorie v Departmeni of Human Resources 

Leon Gibson v Deparlment of Human Resources 

Dioni Delvalle. U v Departmeni of Human Resources 

Gerald Roger Beachum Jr v Department of Human Resources 

Anderson L Wardlow v Department of Human Resources 

Daniel J Carter v. Deparlment of Human Resources 

Kelvin Tarlion v Deparlment of Human Resources 

Steven Craig Mooney v Deparlment of Human Resources 

John L. Cherry Jr, v, Departmeni of Human Resources 

Arthur Jemerson v. Department of Human Resources 

Michael S, Covington v. Department of Human Resources 

Gary Steele v Departmeni of Human Resources 

Terry Sealey v Deparlment of Human Resources 

Jackie L- Kopczick v. Departmeni of Human Resources 

Virginia McDowell Ramsey v Department of Human Resources 

D. Wayne Gray v. Department of Human Resources 

Claude R Anderson v Deparlment of Human Resources 

Alan Kendell Locklear v Department of Human Resources 

Willie J Parker v, Deparlment of Human Resources 

Douglas F. McBryde v Departmeni of Human Resources 

Thomas While v Deparlment of Human Resources 

James Trevor Emerson v. Department of Human Resources 

Ray Davis Hood v. Department of Human Resources 

Leon McNair v, Deparlment of Human Resources 

John William White \ Departmeni of Human Resources 

Hazel L- Walker v. Departmeni of Human Resources 

Tayloria Y- Manns v Department of Human Resources 

Carl S. McNair v. Departmeni of Human Resources 

David Agurs v. Departmeni of Human Resources 

King Sanders Jr, v. Deparlment of Human Resources 

Sandra Kay Carpenter v. Departmeni of Human Resources 

Christopher Clyde Barrino Jr. v. Departmeni of Human Resources 

Clinton Sutton v. Department of Human Resources 

Dave L- James v. Deparlment of Human Resources 

Jonathan Bernard Copper v. Departmeni of Human Resources 

Stanley Lewis Turner v Deparlment of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


M'MBER 


AIJ 


DECLSION 


REGISTER CITATION 


95 CSE 1405 


Smith 


03/27/96 




95 CSE 1406 


Becton 


03/11/96 




95 CSE 1407 


Chess 


05/06/96 




95 CSE 1408 


Phipps 


03/11/96 




95 CSE 1414 


Mann 


08/23/96 




95 CSE 1433 


West 


12/10/96 




95 CSE 1435 


Becton 


03/13/96 




95 CSE 1436 


Chess 


05/16/96 




95 CSE 1437 


Phipps 


04/01/96 




95 CSE 1447 


Gray 


03/18/97 




95 CSE 1465 


Morrison 


03/26/96 




95 CSE 1469 


Smith 


04/29/96 




95 CSE 1470 


Becton 


07/29/96 




95 CSE 1475 


West 


03/13/96 




96 CSE 0002 


Mann 


08/23/96 




96 CSE 0034 


Gray 


05/10/96 




96 CSE 0084 


Smith 


03/27/96 




96 CSE 0085 


Becton 


05/03/96 




96 CSE 01 19 


Chess 


07/08/96 




96 CSE 0130 


Mann 


03/15/96 




96 CSE 0140 


Phipps 


05/17/96 




96 CSE 0188 


Reilly 


05/17/96 




96 CSE 0200 


West 


05/30/96 




96 CSE 0245 


Becton 


05 ,'16/96 




96 CSE 0249 


Chess 


09/25/96 




96 CSE 0257 


Phipps 


05/06/96 




96 CSE 0271 


Morrison 


06/24/96 




96 CSE 0272 


Reilly 


05/31/96 




96 CSE 0295 


West 


07/15/96 




96 CSE 0299 


Becton 


07/19/96 




96 CSE 0336 


Chess 


06/26/96 




96 CSE 0339 


Phipps 


06/27/96 




96 CSE 0365 


Mann 


07/23/96 




96 CSE 0369 


Gray 


07/23/96 




96 CSE 0370 


Morrison 


05/17/96 




96 CSE 0379 


Reilly 


07/18/96 




96 CSE 0380 


West 


05/08/96 




96 CSE 0388 


Smith 


08/01/96 




96 CSE 0389 


Becton 


07/02/96 




96 CSE 0407 


Chess 


07/17/96 




96 CSE 0411 


Phipps 


06/24/96 




96 CSE 0412 


Mann 


08/05/96 




96 CSE 0417 


Gray 


06/24/96 




96 CSE 0424 


Morrison 


05/29/96 




96 CSE 0425 


Reilly 


07/08/96 




96 CSE 0426 


West 


06/24/96 




96 CSE 0427 


Smith 


08/01/96 




96 CSE 0428 


Becton 


08/02/96 




96 CSE 0429 


Chess 


08/26/96 




96 CSE 0430 


Phipps 


05/29/96 




96 CSE 0431 


Mann 


06/05/96 




96 CSE 0464 


Gray 


08/02/96 




96 CSE 0465 


Morrison 


08/02/96 




96 CSE 0502 


Reilly 


07/22/96 




96 CSE 0503 


West 


05/30/96 




96 CSE 0517 


Smilh 


02/21/97 




96 CSE 0518 


Becton 


08/19/96 




96 CSE 0519 


Chess 


08/29/96 




96 CSE 0545 


Phipps 


07/25/96 




96 CSE 0547 


Mann 


09/12/96 




96 CSE 0557 


Morrison 


08/08/96 




96 CSE 0558 


Reilly 


08/14/96 




96 CSE 0559 


West 


06/24/96 




96 CSE 0564 


Smith 


08/15/96 




96 CSE 0568 


Becton 


06/24/96 




96 CSE 0580 


Chess 


06/13/96 




96 CSE 0581 


Phipps 


08/22/96 




96 CSE 0595 


Gray 


08/29/96 




96 CSE 0603 


Morrison 


08/26/96 




96 CSE 0629 


Reilly 


08/29/96 




96 CSE 0638 


West 


07/15/96 




96 CSE 0642 


Phipps 


09/03/96 




96 CSE 0650 


Smith 


02/05/97 





2032 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



Lisa Privetie v Depariment of Human Resources 

Franklin D. Deese v Deparimeni ol Human Resources 

Jan Smiih Osborne v Departmeni of Human Resources 

Mark Allen Rose Sr v Department of Human Resources 

Mark P. Crosby v. Department of Human Resources 

Bernard D. Brothers v Departmeni of Human Resources 

Renee G. Arriola v. Department of Human Resources 

Isaac Massey Jr. v- Department of Human Resources 

Darryl Leon White v Department of Human Resources 

Philip Purnell v. Department of Human Resources 

Edwin Southards v. Department of Human Resources 

Mary Vanover v. Departmeni of Human Resources 

Cabot S. Pollard v, Depariment of Human Resources 

Johnnie B. Walton v. Department of Human Resources 

Timothy P. Ruth v Department of Human Resources 

Thomas Lee Glenn v Department of Human Resources 

William S. Freeman v. Department of Human Resources 

James Benson v. Cumberland Child Support Enforcement 

Randy Dale Finnicum v. Department of Human Resources 

William A Cotton v. Depariment of Human Resources 

Melvin S. Trapp v. Department of Human Resources 

Winston B, Scon v. Department of Human Resources 

Janet W Walker v Department of Human Resources 

Michael K Bryant v Departmeni of Human Resources 

Dallas F Butler v- Departmeni of Human Resources 

Robert James Moore Junior v Department of Human Resources 

Washington J. James, in v Department of Human Resources 

Leslie E Little v Department of Human Resources 

Otis L- Hinton v Department of Human Resources 

David W, Thompson v. Department of Human Resources 

Jimmie Lee Jones v. Departmeni of Human Resources 

Michael Sturdivant v Department of Human Resources 

Tommy R Thompson v. Departmeni of Human Resources 

Julian L- Barrett v Department of Human Resources 

Richard A. Patton Jr v, Departmeni of Human Resources 

Kenneth R. Blount v Department of Human Resources 

Anthony Bernard Crawford v Departmeni of Human Resources 

Russell Pearson v. Department of Human Resources 

Harry J. Cook v Depariment of Human Resources 

Donald (Glendon) Ryan v. Deparimeni of Human Resources 

Joseph Davis v Depariment of Human Resources 

Jcihero Davidson Jr v, Depariment of Human Resources 

Garry G. Hickman v Deparimme of Human Resoruces 

Jeffrey Len Ezzell v. Department of Human Resources 

Tessa Jones v Departmeni of Human Resources 

Wilbert J Boykin v Depariment of Human Resources 

Wayne R. Frazier v Deparimeni of Human Resources 

Raymond G- Molina v Departmeni of Human Resources 

Robert R. Pray v, Depariment of Human Resources 

Marion A. Ward v- Departmeni of Human Resources 

Adrian L Steele v Departmeni of Human Resources 

Lee G Sanders Jr v Department of Human Resources 

Robin G, Staien v, Departmeni of Human Resources 

Edward F. Murphy v Depariment of Human Resources 

Ken Lail v. Department of Human Resources 

Robert A, Green v Depariment of Human Resources 

Allah M. Thomas II v. Departmeni of Human Resources 

Michael Roddy v Department of Human Resources 

Charlie Thomas Smith v. Department of Human Resources 

Clarence Stevenson. Jr. v. Deparimeni of Human Resources 

Federico R. Alire v. Departmeni of Human Resources 

Waller Love v Department of Human Resources 

William D- Wall v. Child Support Enforcement 

S alvaiore Mitchell Dichiera v Departmeni of Human Resources 

Billy C Cummings v Depariment of Human Resources 

Randy Earl Richardson v. Northampton County Depi of Social Services 

Mr Rickey K. Terry v Child Support Enforcement Agency 

James McCollough v. Depariment of Human Resources 

Joseph T- Maddox v Depariment of Human Resources 

Mike Oser v Depariment of Human Resources 

Raleigh W, Nickerson v. Guilford County Child Support Enforcement 

Ambrose Lamin v. Office of Child Support & Enforcement North Carolina 

Gerald L. Pendergrass v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


>fLIlVIBER 


ALJ 


DECISION 


REGISTER CITATION 


96CSE0651 


Becion 


09/30/96 




96 CSE 0690 


Mann 


07/23/96 




96 CSE 0703 


Gray 


10/04/96 




96 CSE 0732 


Morrison 


09/30/96 




96 CSE 0733 


Reilly 


09/30/96 




96 CSE 0774 


Smith 


11/13/96 




96 CSE 0790 


Becton 


08/14/96 




96 CSE 0844 


Phipps 


10/25/96 




96 CSE 0845 


Mann 


10/29/96 




96 CSE 0878 


Phipps 


10/25/96 




96 CSE 0968 


Gray 


10/25/96 




96 CSE 0981 


Morrison 


10/24/96 




96 CSE 1012 


Reilly 


10/28/96 




96 CSE 1071 


Smith 


11/14/96 




96 CSE 1086 


Becton 


10/30/96 




96 CSE 1170 


Reilly 


12/10/96 




96 CSE 1184 


Smith 


01/10/97 




96 CSE 1187 


Phipps 


02/06/97 




96 CSE 1191 


Gray 


12/12/96 




96 CSE 1212 


Morrison 


01/10/97 




96 CSE 1222 


Smith 


03/13/97 




96 CSE 1223 


West 


02/10/97 




96 CSE 1243 


Morrison 


03/18/97 




96 CSE 1253 


Phipps 


01/14/97 




96 CSE 1261 


Phipps 


02/06/97 




96 CSE 1264 


Mann 


02/10,'97 




96 CSE 1276 


Chess 


11/04/96 




96 CSE 1282 


Smith 


01/10/97 




96 CSE 1295 


Smith 


03/13/97 




96 CSE 1298 


Phipps 


02/06/97 




96 CSE 1300 


Gray 


02/07/97 




96 CSE 1304 


Reilly 


02/06/97 




96 CSE 1328 


Mann 


12/10/96 




96 CSE 1330 


Morrison 


02/06/97 




96 CSE 1331*" 


Reilly 


02/06/97 




96 CSE 1332 


West 


01/30/97 




96 CSE 1333 


Smith 


11/14/96 




96 CSE 1334 


Becton 


02/06/97 




96 CSE 1339 


Gray 


12/12/96 




96 CSE 1344 


Becton 


01/31/97 




96 CSE 1346 


Gray 


02/18/97 




96 CSE 1347 


Morrison 


11/14/96 




96 CSE 1349*" 


West 


02/10/97 




96 CSE 1370*" 


Phipps 


02/06/97 




96 CSE 1371*" 


Mann 


02/10/97 




96 CSE 1375 


Morrison 


12/10/96 




96 CSE 1377 


West 


02/10/97 




96 CSE 1378 


Gray 


12/12/96 




96 CSE 1379 


Morrison 


01/09/97 




96 CSE 1380 


Reilly 


11/15/96 




96 CSE 1381 


West 


03/21/97 




96 CSE 1400 


Smith 


02/10/97 




96 CSE 1402 


Gray 


12/12/96 




96 CSE 1412 


Smith 


12/12/96 




96 CSE 1432 


Becton 


02/17/97 




96 CSE 1437*' = 


Gray 


12/12/96 




96 CSE 1439 


Reilly 


03/21/97 




96 CSE 1441*^' 


Smith 


02/17/97 




96 CSE 1445 


Phipps 


12/12/96 




96 CSE 1457 


Morrison 


02/18/97 




96 CSE 1461 


Becton 


02/17/97 




96 CSE 1464*=' 


Gray 


02/18/97 




96 CSE 1472*" 


Morrison 


02/18/97 




96 CSE 1474 


Smith 


01/30/97 




96 CSE 1475 


Becton 


02/17/97 




96 CSE 1486 


West 


01/31/97 




96 CSE 1487 


Smith 


02/06/97 




96 CSE 1490 


Phipps 


01/09/97 




96 CSE 1494 


Reilly 


02/25/97 




96 CSE 1503 


Chess 


01/24/97 




96 CSE 1509 


Gray 


02/03/97 




96 CSE 1511 


West 


03/05/97 




96 CSE 1514 


Morrison 


03/03/97 





11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2033 



CONTESTED CASE DECISIONS 



AGENCY 



Dennis R Kozee v. Depariment ol Human Resources 

Mark Owens Frink v, Deparimenl of Human Resources 

Kelvme Lance Thompson v, Departmeni of Human Resources 

Robert Venice Flagg, Jr v Departmeni of Human Resources 

Larry D Worthy v. Forsyth County Child Support 

Darryl Wiley v Child Support Enforcement 

Christopher A Abney v Departmeni of Human Resources 

Marcus Watkms v. Stanly Cty Department of Social Services 

Mickey Bridgcti v. Departmeni of Human Resources 

Deena C Routhier v Department of Human Resources 

Mark Pulliam v Departmeni of Human Resources 

James A- Fultz v. Departmeni of Human Resources 

David Lynn Jones v Department of Human Resources 

Ronald Terry Brown v Cumberland County Child Support Enforcement 

James B, Miller v Department of Human Resources 

E. Bun Davis. Jr v, Depariment of Human Resources 

Man L Ross v Department of Human Resources 

Reginald A, Barnes v Department of Human Resources 

Boyce P Banks v. Guildford County Child Support Enforcent Agency 

Brian Thomas v Child Support Enforcement 

Mark A, Blackburn v Department of Human Resources 

Spencer B. Miller v. Department of Human Resources 

Craig C- Coleman. Sr. v Cumberland County Child Support Enforcement 

Boyd R- Kelley v, Cumberland County Child Support Enforcement 

Kilameniaro C Clifton v Department of Human Resources 

Larry C Raynor v Department of Human Resources 

Evans L. Torrence v, Departmeni of Human Resources 

Maria H Morris v, Carteret County Child Support Agency 

Jeffrey S. Lerner v Departmeni of Human Resources 

Kenneth Joe Diamond v Cumberland County Child Support Enforcement 

Gregory C McCauley v Department of Human Resources 

Franklin Glenn Bryant v Department of Human Resources 

Kenneth Weldon v Depariment of Human Resources 

James Todd Godfrey v Child Support Dept of Social Services 

Judson T. Whitehurst v Depariment of Human Resources 

Oscar G. Mason v. Departmeni of Human Resources 

Lenell M. Gales v. Departmeni of Human Resources 

Spencer L Allen v Department of Human Resources 

Gary Lee Heafner Sr v Department of Human Resources 

Hsiu Chu Meachum. A/KyA Linda Meachum V Dept of Human Resources 

Kenneth A Ingle v. Department of Human Resources 

Billie J Swain v. Social Services Child Support 

Raul Lapouble v Department of Human Resources 

Michael R Henne v Randolph County Child Support Enforcement 

Jamal D Wilborne Sr v Child Support Enforcement & AFDC 

Bobby Joe Mcllwain v Mecklenburg County Child Support Enforcement 

Ronald H Burndge. Sr v Child Support Enforcement Agency (D S.S.) 

James Jackson v. Department of Human Resources 

Rolander Y Grice, Sr, v Department of Human Resources 

Michael J Terrell v Department of Human Resources 

Glenn E Smith v. Department of Human Resources 

Jclfrey Dale Grant v Depariment of Human Resources 

Harold Ray Armstrong. Jr v Depariment of Human Resources 

G.^guf) C NLCauley v Department of Human Resources 

Joseph J. Dunn v. Department of Human Resources 

Joseph J Dunn v Department of Human Resources 

Ernest G. Baldwin v. Department of Human Resources 

Gregory S Wolbert v Depariment of Human Resources 

Archie Lee Oxendine v Depariment of Human Resources 

Michael Bell v Departmeni of Human Resources 

Clinton T- Strickland v Guilford County Child Support Enforcement 

Mr Ronald D Toomer v Mecklenburg Cty Child Support Enforcement 

Terry Tootle v Departmeni of Human Resources 

Wayne 1 Swaringen v Department of Human Resources 

Reginald Whitmire v Cleveland Co DSS 

Rodney Hanson v. Depariment of Human Resources 

Jerome Maddox v. Department of Human Resources 

Samuel L, Powell v. Department of Human Resources 

Billy E, Adams II v Child Support Enforcement Agency 

Ramon Domenech v. Department of Human Resources 

Terence L McMurray v Departmeni of Human Resources 

Amil Rafkah v Department of Human Resources 

William R Briggs v Department of Human Resources 



CASE 




DATE OF 


iNfin\ffiER 


ALJ 


DECISION 


96CSE 1518 


Becton 


01/31/97 


96 CSE 1523 


Mann 


02/10/97 


96 CSE 1538 


Becton 


01/09/97 


96 CSE 1545 


Chess 


01/24/97 


96 CSE 1546 


Phipps 


02/03/97 


96 CSE 1547 


Mann 


02/10/97 


96 CSE 1552 


Reilly 


01/30/97 


96 CSE 1553 


West 


02/04/97 


96 CSE 1556 


Smith 


03/13/97 


96 CSE 1557 


Smith 


03/13/97 


96 CSE 1559 


Chess 


01/24/97 


96 CSE 1560 


Phipps 


01/30/97 


96 CSE 1562 


Gray 


03/10/97 


96 CSE 1572 


Phipps 


03/06/97 


96 CSE 1577 


West 


02/17/97 


96 CSE 1579 


Chess 


01/28/97 


96 CSE 1580 


Phipps 


01/14/97 


96 CSE 1581 


Mann 


12/10/96 


96 CSE 1593 


Morrison 


02/18/97 


96 CSE 1594 


Reilly 


03/21/97 


96 CSE 1596 


Smith 


01/30/97 


96 CSE 1607 


Morrison 


01/09/97 


96 CSE 1608 


Reilly 


03/03/97 


96 CSE 1609 


West 


03/05/97 


96 CSE 1615 


Morrison 


01/09/97 


96 CSE 1616 


Reilly 


03/21/97 


96 CSE 1617 


West 


03/21/97 


96 CSE 1618 


Smith 


01/10/97 


96 CSE 1621 


Phipps 


01/09/97 


96 CSE 1623*=' 


Gray 


03/03/97 


96 CSE 1629 


Becton 


02/28/97 


96 CSE 1632 


Mann 


03/05/97 


96 CSE 1643 


Phipps 


03/06/97 


96 CSE 1669 


Mann 


02/17/97 


96 CSE 1670 


West 


03/25/97 


96 CSE 1671 


Morrison 


03/03/97 


96 CSE 1674 


West 


03/05/97 


96 CSE 1675 


Smith 


02/17/97 


96 CSE 1684 


Gray 


02/03/97 


96 CSE 1685 


Morrison 


02/28/97 


96 CSE 1715 


Chess 


02/20/97 


96 CSE 1732 


Smith 


02/17/97 


96 CSE 1734 


Chess 


02/20/97 


96 CSE 1735 


Gray 


03/21/97 


96 CSE 1736 


Morrison 


02/18/97 


96 CSE 1737 


Reilly 


02/25/97 


96 CSE 1738 


West 


03/25/97 


96 CSE 1739 


Smith 


02/17/97 


96 CSE 1745 


Smith 


03/25/97 


96 CSE 1746 


Becton 


03/21/97 


96 CSE 1748 


Phipps 


03/24/97 


96 CSE 1753 


Reilly 


01/30/97 


96 CSE 1763 


Gray 


02/03/97 


96 CSE 1768 


Smith 


02/27/97 


96 CSE 1770*'-' 


Mann 


02/03/97 


96 CSE 1771*'' 


Mann 


02/03/97 


96 CSE 1773 


Reilly 


03/21/97 


96 CSE 1783 


Mann 


02/10/97 


96 CSE 1797 


Morrison 


01/30/97 


96 CSE 1800 


Morrison 


01/09/97 


96 CSE 1811 


West 


03/25/97 


96 CSE 1812 


Smith 


03/25/97 


96 CSE 1813 


Becton 


03/21/97 


96 CSE 1816 


Mann 


03/24/97 


96 CSE 1843 


Morrison 


03/25/97 


96 CSE 1860 


West 


03/25/97 


96 CSE 1865 


Chess 


01/28/97 


96 CSE 1894 


West 


03/25/97 


96 CSE 1900 


Mann 


03/05/97 


96 CSE 1912 


Gray 


02/03/97 


96 CSE 1947 


Morrison 


03/25/97 


96 CSE 2020 


Reilly 


02/25/97 


96 CSE 2021 


West 


02/17/97 



PUBLISHED DECISION 
REGISTER CITATION 



2034 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



Sanford Tyler v. Depariment of Human Resources 

Jonah F- Fuller v. Department of Human Resources 

Thomas Edward Kutchey v. Child Support Enforcement Agency 

George G. Grill. Sr v. Child Support Enforcement 

Phillip L Lewis V, Department of Human Resources 

John William Vestal Sr. v. Department of Human Resources 

George W. Burnett, Jr. v. Department of Human Resources 

Charles F Haag, Jr. v. Department of Human Resources 

Walter Richardson, Jr v Department of Human Resources 

Clifton Huff V. Child Support Enforcement Mecklenburg 

Scott Sanders v. Department of Human Resources 

Mark Stephens v. Department of Human Resources 

Clarence M. Hunter v. Onslow County DSS-CSE 

Teresa Devalle v Department of Human Resources 

Larry Michael Rollins, Jr. v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Richard A. Patton Jr v. Department of Human Resources 

Kenneth Ray Lowery v Department of Human Resources 

Jeffrey Len Ezzell v Department of Human Resources 

Jeffrey Len Ezzell v. Department of Human Resources 

Tessa Jones v. Department of Human Resources 

Tessa Jones v. Department of Human Resources 

Ronald Graham Moore v. Department of Human Resources 

John G. Howard, Jr. v. Department of Human Resources 

Gregory B. Phy v. Department of Human Resources 

Raymond E. Smith v. Department of Human Resources 

Robert A. Green v Depariment of Human Resources 

Michael Roddy v. Department of Human Resources 

Kevin J. Miller v. Department of Human Resources 

Timothy Schnell v. Department of Human Resources 

Walter Love v. Department of Human Resources 

Roger W. Taylor v. Department of Human Resources 

William D. Wall v. Child Support Enforcement 

Barbara Renea Caldwell v. Cumberland Cty Child Support Enforcement 

Lee G. Sanders Jr v. Department of Human Resources 

Brian Kevin King v Department of Human Resources 

Laura D. Prince v Department of Human Resources 

George D. Brickell v. Department of Human Resources 

Kelvine Lance Thompson v. Department of Human Resources 

Marcus Watkins v. Stanly County Department of Social Services 

Garry G. Hickman v Department of Human Resources 

David Lynn Jones v Department of Human Resources 

Kenneth Joe Diamond v. Cumberland County Child Support Enforcement 

Keith W. Phillips v. Cleveland Cty Department of Social Services 

Judy R. Johnson v. Department of Human Resources 

Levern Blue v. Department of Human Resources 

Michael E. Kimbril v Child Support Agency Buncombe County 

Spencer L Allen v Department of Human Resources 

James Robert Liles v Department of Human Resources 

Clyde E. Williams v. Department of Human Resources 

Tommy Allen Springs v Forsyth Cly Dept. of Social Services 

David Ray Rowdy v. Dept. of Human Resources 

John E. Gombocs v. Dept. of Human Resources 

Charles John Widelski v. Department of Human Resources 

John B. Wiggins v. Department of Human Resources 

Wayne L. Weeks v. Department of Human Resources 

Amanda F. Blount v. Cumberland Cty Child Support Enforcement 

Oscar C. Adams v. Department of Human Resources 

Norman Eugene Cameron v. Support Enforcement Fayetteville 

David J. Hildebrand v. Department of Human Resources 

Debra J. Davis v. Columbus County Dept Social Service 

Tracy Robertson v. Department of Human Resources 

Debra Wade v. Department of Human Resources 

Casey C. Townsend v. Department of Human Resources 

Samuel L. Powell v. Department of Human Resources 

Scott James Petrill v. Department of Human Resources 

Samual L. Gordon v Depariment of Human Resources 

C. Lee Bartlett v Department of Human Resources 

Terence L. McMurray v. Department of Human Resources 

Paul Mobley Jr. v Department of Human Resources 

Joseph Lupo V Department of Human Resources 

Anthony O. Houston v. Department of Human Resources 

William R. Briggs v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 2067 


Phipps 


02/17/97 




96 CSE 2068 


Mann 


03/05/97 




97 CSE 0047 


Smith 


03/13/97 




96CRA 1185 


Becton 


02/28/97 




96 CRA 1225 


Becton 


12/18/96 




96 CRA 1244 


Reilly 


12/10/96 




96 CRA 1248 


Smith 


03/13/97 




96 CRA 1289 


Phipps 


12/12/96 




96 CRA 1302 


Morrison 


12/10/96 




96 CRA 1318 


Mann 


01/22/97 




96 CRA 1320 


Morrison 


12/12/96 




96 CRA 1321 


Reilly 


12/13/96 




96 CRA 1322 


West 


03/21/97 




96 CRA 1329 


Gray 


01/13/97 




96 CRA 1341 


Reilly 


01/10/97 




96 CRA 1350*" 


West 


02/10/97 




96 CRA 1354*" 


Reilly 


02/06/97 




96 CRA 1355 


Becton 


01/15/97 




96 CRA 1368*" 


Phipps 


02/06/97 




96 CRA 1369 


Phipps 


12/12/96 




96 CRA 1372 


Mann 


12/10/96 




96 CRA 1373*" 


Mann 


02/10/97 




96 CRA 1374 


Gray 


01/14/97 




96 CRA 1386 


Reilly 


12/13/96 




96 CRA 1399 


West 


11/14/96 




96 CRA 1404 


West 


01/10/97 




96 CRA 1436*'= 


Gray 


12/12/96 




96 CRA 1442*-° 


Smith 


02/17/97 




96 CRA 1443 


Becton 


01/13/97 




96 CRA 1447 


Morrison 


01/30/97 




96 CRA 1465*-' 


Gray 


02/18/97 




96 CRA 1478 


Mann 


01/10/97 




96 CRA 1481*" 


Morrison 


02/18/97 




96 CRA 1510 


Reilly 


01/14/97 




96 CRA 1515 


Reilly 


01/13/97 




96 CRA 1516 


West 


01/13/97 




96 CRA 1517 


Smith 


01/13/97 




96 CRA 1526 


Morrison 


12/10/96 




96 CRA 1537 


Becton 


12/18/96 




96 CRA 1554 


West 


01/13/97 




96 CRA 1563*" 


West 


02/10/97 




96 CRA 1 565 


West 


01/13/97 




96 CRA 1624*=' 


Gray 


03/03/97 




96 CRA 1627 


West 


01/14/97 




96 CRA 1631 


Phipps 


01/14/97 




96 CRA 1650 


West 


01/14/97 




96 CRA 1666 


Smith 


01/14/97 




96 CRA 1676 


Smith 


01/14/97 




96 CRA 1678 


Chess 


02/18/97 




96 CRA 1689 


Becton 


03/21/97 




96 CRA 1733 


Becton 


02/06/97 




96 CRA 1751 


Gray 


02/07/97 




96 CRA 1755 


Smith 


02/10/97 




96 CRA 1765 


Reilly 


02/06/97 




96 CRA 1772 


Morrison 


03/21/97 




96 CRA 1776 


Becton 


02/06/97 




96 CRA 1790 


West 


02/10/97 




96 CRA 1799 


Gray 


03/03/97 




96 CRA 1807 


Smith 


02/06/97 




96 CRA 1819 


Morrison 


02/06/97 




96 CRA 1842 


Mann 


02/10/97 




96 CRA 185! 


West 


03/21/97 




96 CRA 1852 


Smith 


02/06/97 




96 CRA 1856 


Mann 


02/10/96 




96 CRA 1893 


West 


02/17/96 




96 CRA 1913 


Morrison 


03/18/97 




96 CRA 1919 


Gray 


02/18/96 




96 CRA 1938 


Morrison 


02/18/96 




96 CRA 1946 


Morrison 


02/18/96 




96 CRA 1980 


Phipps 


03/24/97 




96 CRA 1991 


Phipps 


03/06/97 




96 CRA 1996 


Morrison 


03/20/97 




96 CRA 2022 


West 


03/05/97 





11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2035 



CONTESTED CASE DECISIONS 



AGENCY 



Daniel J McDowell v Deparimeni of Human Resources 
Johnie J. Peierkin v Deparimeni of Human Resources 
Melinda S- Tunner v Deparimeni of Human Resources 
Jeanne G- Bishop v. Deparimeni of Human Resources 
Rebecca Beaver v Deparimeni of Human Resources 
Vivian B While v Deparimeni of Human Resources 
Mary R Mahon v Deparimeni of Human Resources 
Mary R Mahon v. Deparimeni of Human Resources 
Laura Heidorf v. Deparimeni of Human Resources 
Lois Floyd Barber v. Deparimeni of Human Resources 
La Rue Herring v Deparimeni of Human Resources 
Debra D. Hammonds v Deparimeni of Human Resources 
Vickie Osoria v Deparimeni of Human Resources 
Trine P Bollinger v. Deparimeni of Human Resources 
Chrisiie L. Piiiman v, Deparimeni of Human Resources 
Lorna Sharpe-Esier v Deparimeni of Human Resources 



CASE 




DATE OF 


PLIBLISHED DECISION 


NL!MBER 


ALJ 


DECISION 


REGISl ER CITATION 


96CRA2106 


Mann 


03/24/97 




96CRA2107 


Morrison 


03/20/97 




95 DCS 0921 


Morrison 


05/09/96 




95 DCS 0958 


Wesi 


04/04/96 




95 DCS 1114 


Reilly 


04/26/96 




95 DCS 1115 


Phipps 


06/04/96 




95 DCS in?*' 


Chess 


06/11/96 




95 DCS 1142*' 


Chess 


06/11/96 




96 DCS 0065 


Reilly 


03/22/96 




96 DCS 0176 


Gray 


07/30/96 




96 DCS 0298 


Gray 


11/06/96 




96 DCS 0792 


Chess 


10/08/96 




96 DCS 1140 


Gray 


12/12/96 




96 DCS 1353 


Smiih 


12/12/96 




96 DCS 1561 


Mann 


01/27/97 




96 DCS 1687 


Wesl 


02/10/97 





INSWIANCE 



Carol M Hall v Teachers & Siaie Employees Comp Major Medical Plan 

Arihur Wayne Dempsey v Deparimeni of Insurance 

Deborah B- Beavers v Teachers &. St- Emp Comp- Major Med, Plan 

Nadia A Hakim v. Deparimeni of Insurance 

Kaihleen D. Jarvis v Teachers & Si, Emp Comp Major Med, Plan 

Mary Alice Casey v Deparimeni of Insurance 

Nancy C. Lowe v. Teachers & Siaie Employees Comp, Major Med. Plan 



95 INS 1141 


Phipps 


04/01/96 




95 INS 1255 


Smiih 


04/22/96 




95 INS 1411 


Smiih 


05/10/96 


1 1 :05 NCR 308 


95 INS 1422 


Smiih 


03/26/96 




96 INS 0075 


Morrison 


10/16/96 




96 INS 0148 


Reilly 


08/14/96 




96 INS 0726 


Wesi 


11/20/96 





JUSTICE 



Wendy Alwood v, Deparimeni of Jusiice (Company Police Program) 
Deborah K, Torrance v Company Police Program Adminisiraior 
John O Beach v. Alarm Sysiems Licensing Board 
Ronald R. Coals v Alarm Sysiems Licensing Board 



96 DOJOlll 


Chess 


08/07/96 


96 DOJ 0363 


Becion 


08/14/96 


96 DOJ 1362 


West 


11/19/96 


96 DOJ 1364 


Phipps 


11/26/96 



Education and Training Standards Division 



Freddie Levern Thompson v, Criml, Justice Ed, & Training Slds. Comm 

Shane Douglas Crawford v. Sheriffs' Ed, & Training Slds, Comm, 

Charles Henry Daniels v, Criml, Justice Ed & Training Slds Comm 

Valerie Ma.xine Brewington v, Criml, Justice Ed, & Training Slds Comm, 

Patricia Josephine Bonanno v. Sheriffs' Ed & Training Slds Comm 

Douglas Allan Siuari v. Sheriffs' Ed, & Training Sids, Comm 

Rick M Evoy v. Criminal Justice Ed, & Training Slds Comm, 

Windell Daniels v Criminal Justice Ed, & Training Slds Comm. 

Gregory Lee Daughindge v. Sheriffs' Ed, & Training Slds, Comm, 

Sherrie Ann Gainey v Sheriffs' Ed & Training Slds Comm 

Stuart Hugh Rogers v. Sheriffs' Ed, & Training Slds Comm, 

Brian Thomas Craven v Sheriffs' Ed, & Training Slds Comm. 

Larry D, Weston v. Sheriffs' Ed & Training Slds Comm. 

Carlion Gerald v. Criminal Justice Ed. & Training Slds. Comm. 

Ken Moniie O.xendine v Criminal Justice Ed, & Training Slds Comm 

James Leon Hunt v Criminal Justice Ed, & Training Stds, Comm, 

David Kent Knighi v. Sheriffs' Ed & Training Slds, Comm. 

Demetrius Arnez Brown v. Criminal Justice Ed & Training Stds. Comm 

Claude F. Nunnery v Sheriffs' Ed & Training Slds Comm. 

John Charles Maloney v. Sheriffs' Ed. & Training Stds. Comm. 

Jimmie L. Cooper v. Sheriffs' Ed & Training Slds. Comm, 

Jerry Glenn Monette v Sheriffs' Ed & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed, & Training Slds Comm. 

Woodrow Andrew Clark v Criminal Justice Ed & Training Slds. Comm 

Warren Scott Nail v. Criminal Justice Ed &. Training Stds. Comm. 

Zoriana Lyczkowski v Sheriffs' Ed & Training Stds Comm 

Philip A- Berezik. Jr v. Criminal Justice Ed. & Training Slds. Comm. 

George Willie Gilliam v Sheriffs' Ed & Training Stds Comm. 

George Willie Gilliam v Sheriffs' Ed. & Training Slds Comm. 

Glenn R Brammer v Sheriffs' Ed & Training Standards Comm. 

Timothy Wayne Fulford v. Sheriffs' Ed & Training Slds Comm. 

Brenl Lee Millsaps v. Sheriffs' Ed &. Training Stds Comm. 

Debra McHale Sadler v Sheriffs' Ed. & Training Stds Comm. 

James Michael Doe v. Criminal Justice Ed. & Training Slds. Comm. 

Charlcs M. Perry v. Criminal Justice Ed & Training Stds. Comm. 

Gregory K Knox v. Sheriffs' Ed. & Training Stds Comm. 

Tyrone Sutton v Criminal Justice Ed & Training Stds Comm. 



95 DOJ 0731 


Chess 


02/29/96 




95 DOJ 0943 


Reilly 


05/17/96 




95 DOJ 1070 


West 


06/12/96 




95 DOJ 1129 


Smith 


04/12/96 




95 DOJ 1152 


Chess 


03/25/96 




95 DOJ 1189 


Morrison 


06/06/96 




95 DOJ 1235 


Chess 


03/25/96 




95 DOJ 1320 


Gray 


07/24/96 




96 DOJ 0027 


Reilly 


03/19/96 




96 DOJ 0028 


Becion 


08/09/96 




96 DOJ 0029 


West 


06/18/96 




96 DOJ 0036 


Gray 


07/09/96 




96 DOJ 0037 


Smith 


06/12/96 




96 DOJ 0068 


Gray 


03/26/96 




96 DOJ 0071 


West 


03/28/96 




96 DOJ 0077 


Phipps 


07/25/96 




96 DOJ 01 15 


West 


03/28/96 




96 DOJ 0138 


Becion 


08/09/96 




96 DOJ 0305 


Gray 


08/28/96 




96 DOJ 0306 


Smith 


08/16/96 




96 DOJ 0352 


Morrison 


07/12/96 




96 DOJ 0420 


Morrison 


07/26/96 1 1. TO NCR 874 


96 DOJ 0432 


Becion 


08/07/96 




96 DOJ 0515 


West 


10/07/96 




96 DOJ 0576 


Becion 


08/07/96 




96 DOJ 0619 


Morrison 


10/21/96 




96 DOJ 0652 


Reilly 


11/13/96 




96 DOJ 0656 


Morrison 


08/02/96 




96 DOJ 0656 


Phipps 


01/28/97 




96 DOJ 0839 


Smith 


09/05/96 




96 DOJ 0840 


Smith 


09/16/96 




96 DOJ 0841 


Chess 


09/24/96 




96 DOJ 0891 


Smith 


03/13/97 




96 DOJ 0957 


Phipps 


12/06/96 




96 DOJ 1016 


Smith 


01/22/97 




96 DOJ 1836 


Reilly 


02,'03/97 




96 DOJ 1837 


Becion 


02/17/97 





2036 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Smith 


06/10/96 


96 DOJ 0127 


Reilly 


02/26/97 


96 DOJ 0128 


Reilly 


02/26/97 


96 DOJ 0386 


Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0712 


Becton 


02/03/97 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 


96 DOJ 1363 


Smith 


01/15/97 



Bobby V. Hancock v. Sheriffs' Ed & Training Stds, Comm. 96 DOJ 1885 Becton 

Private Protective Services Board 



Timothy A Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C- Hoyle v. Private Protective Services Board 
John Darrell Shaver v. Private Protective Services Board 
Daniel Ray Williams v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Charlie C Bracket! v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 
Private Protective Services Board v. Henry E. Byrd. Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v. Charles T. Mathis 
Private Protective Services Board v Ricky C. Mullinax 
Private Protective Services Board v. Michael A Smith 
Keith L. Saunders v. Private Protective Services Board 

MEDICAL BOARD 



Medical Board v Martin A. Hatcher, M.D. 92 BME 0510 Gray 

PUBLIC INSTRUCTION 



Lavern K. Suggs v, NC Board of Education 

V.A.A. and R.L.A. v. Johnston County School System 

J.T.S. &T.S,, Parents of EMS, v. Chapel Hill-Carrboro City Schl. Sys. 

L.O V. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v Hertford County Board of Education 

W, and G,B., on Behalf of C.B v. Winston-Salem/Forsyth Cty. Schools 

Zelma J. Hillsman v NC State Board of Education 

Cyvonne Rush Bryant v, NC State Board of Education 

Steve Wright Brown v. State Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

John Barlow v, Watauga County Board of Education 

Louis Craig Gill v. State Board of Education 

John L. Archer v. Department of Public Instruction 

Pamela F. Cummings v. Department of Public Instruction 

Susie Whitley/Brandon Whitley v, Charlotte-Mecklenburg Bd of Ed, 

Michael Wayne Geter v, Charlotte-Mecklenburg School Board 

Ted Louis Raye v. State Board of Education 

Felicia M. Moore v, Charlotte-Mecklenburg Schools & Dept, of Public Ins. 

Michael B, Trombley v. Department of Public Instruction 

REVENUE 



Long Branch Env. Ed. Ctr., Inc. v. Buncombe Cty Comm,, Buncombe Cty 97 REV 0135 Chess 
Bd, of Equalization and Review and the Buncombe Cty Tax Assessor 

STATE PERSONNEL 

Department of Administration 

Jimmie A, Hughes, Jr, v. Department of Administration 

Jonathan L, Fann v. Department of Administration, Admin, Personnel 

Carlton Gerald v. State Capitol Police. Department of Administration 

Administrative Office of the Court 

Ethel R, Tyson v, NC Judicial Dept,, Administrative Office of the Court 96 OSP 0080 Smith 

Albemarle Mental Health Center 

Judy A. Gordon v, Albemarle Mental Health Center 96 OSP 0354 Chess 

Caldwell County 

Blake C, Pace v, Caldwell County 96 OSP 0047 Morrison 



02/17/97 



06/28/96 



03/17/97 



96 OSP 0008 


Reilly 


07/23/96 


96 OSP 0042 


Gray 


05/24/96 


96 OSP 01 16 


Gray 


04/25/96 



03/15/96 



10/17/96 



04/01/96 



11:08 NCR 555 



95 EDC 0383 


Smith 


03/13/96 


11:01 NCR 


50 


95 EDC 1024 


Mann 


02/11/97 


11:24 NCR 


1860 


95 EDC 1194 


Mann 


04/12/96 






96 EDC 0285 


Mann 


05/31/96 






96 EDC 0344 


Chess 


05/15/96 






96 EDC 0349 


Mann 


09/03/96 






96 EDC 0399 


Phipps 


01/27/97 


11:23 NCR 


1808 


96 EDC 0591 


Becton 


09/11/96 






96 EDC 0593 


Reilly 


10/11/96 






96 EDC 0613 


Chess 


08/14/96 






96 EDC 0614 


Chess 


08/14/96 






96 EDC 0623 


Reilly 


07/24/96 






96 EDC 0675 


Smith 


12/18/96 


1 1 :20 NCR 


1624 


96 EDC 0678 


Smith 


08/02/96 






96 EDC 0742 


Smith 


08/16/96 






96 EDC 0964 


Chess 


09/17/96 






96 EDC 1036 


West 


09/23/96 






96 EDC 1055 


Morrison 


01/10/97 






96 EDC 1303 


Smith 


11/25/96 






96 EDC 1970 


Gray 


02/20/97 







11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2037 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
>fimiBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Catawba County Mental Health 

Tonyer J Ruff v. Catawba County Menul Health 

Central Sorth Carolina School for the Deaf 

Felicia S Milton v Central North Carolina School for the Deaf 

Department of Correction 

Haydee Craver v. Department of Correction. Pender Correctional Inst. 

Nancy L. Marek v Department of Correction, Division of Prisons 

Gregory Allen Jones v. Department of Correction. Supt. Bonnie Boyette 

Carolyn Cheek v. Department of Correction 

Calvia L. Hill v. Department of Correction. McCain Correctional Hospital 

Alisha Louise Staley v Randolph Correctional Center 

Brenda Propst v Foothills Correctional Institution 

Delon D- Solomon v Department of Correction 

Alisha Louise Staley v Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C, Craver v Department of Correction. Christopher Phillips 

Dwight Taylor, Mike Estep. Jackie Boone. Robert Pitman, Jeffery Clark 

V Department of Correction 

Dwighi Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

V Department of Correction 

Dvnght Taylor, Mike Estep. Jackie Boone, Robert Pitman, Jeffery Clark 

V Department of Correction 

Dwight Taylor, Mike Estep. Jackie Boone, Robert Pitman, Jeffery Clark 

V Department of Correction 

Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

V Department of Correction 

Rebecca A Faison v. Department of Correction for Women 

Calvia L Hill v. Department of Correction, McCain Correctional Hospital 

Pamela Robinson v Department of Correction 

James .\ Klein v Department of Correction 

James E. Holmes v. Secretary Franklin Freeman (DOC), Parole Comm. 

Tony R Broffman v Department of Correction 

Mary Hargraves v Department of Correction 

Michael S. Doe v. Caswell Center 

Timothy L. Willis v, Caswell Correctional Center 

Alisha Louise Staley v Randolph Correctional Center 

Sharon Oxendine v Department of Correction 

James D Dowdy v. Department of Correction 

Larry W Cole, Sr v Brown Creek Correctional Inst 

Martin Tyler Wells, Sr. v Dept of Correction Sandhill Youth Center 

Timothy J Ciscel & Anita K Ciscel v DOP/Piedmonl Corr Inst. 

Charles H Perry v Department of Correction 

Barbara Graham v Department of Correction 

Calvia L Hill v. Dept. of Correction, Lumberton Correctional Inst, 

Mohammad R. Pirouzkhah v. Department of Correction 

Craven County Health Department 

Linda Walker v. Craven County Health Department 
Patricia Kemp v Craven County Health Department 
Patricia Kemp v. Craven County Health Department 

Department of Crime Control and Public Safety 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v Crime Control & Public Safety, State Highway Patrol 

Hearl Oxendine v Crime Control & Public Safety, St. Highway Patrol 

Jerry Lee Fields v State Highway Patrol 

Gene Wells v Crime Control & Public Safety, State Highway Patrol 

Lloyd Edward Lowry v Department of Crime Control & Public Safety 

Peter Mason Griffin v Crime Control & Public Safety, St. Hwy Patrol 

Durham Count},' Health Department 

Lylla D Stockton v Durham County Health Department 
Employment Security Commission 



96OSP0951 



95 OSP 1241 



Becton 



Chess 



95 OSP 1171*'* Smith 

95 OSP 1233*" Smith 

96 OSP 0324*" Smith 



10/22/96 



05/17/96 



95 OSP 1046 


Gray 


03/12/96 




95 OSP 1075 


Chess 


02/17/97 




95 OSP 1290 


Phipps 


05/14/96 




95 OSP 1441 


Smith 


09/19/96 




95 OSP 1460 


Gray 


05/17/96 




96 OSP 0092 


Gray 


06/03/96 




96 OSP 0199 


Morrison 


04/09/96 




96 OSP 0258 


West 


07/02/96 




96 OSP 0261 


Morrison 


08/05/96 




96 OSP 0279 


Phipps 


10/31/96 




96 OSP 0348 


Phipps 


05/15/96 




96 OSP 0372*' 


Smith 


07/05/96 




96 OSP 0373*' 


Smith 


07/05/96 




96 OSP 0374*' 


Smith 


07/05/96 




96 OSP 0375*' 


Smith 


07/05/96 




96 OSP 0376*' 


Smith 


07/05/96 




96 OSP 0383 


Becton 


10/01/96 




96 OSP 0397 


Gray 


08/15/96 




96 OSP 0403 


Phipps 


12/18/96 




96 OSP 0434 


Gray 


10/29/96 




96 OSP 0538 


Becton 


02/07/97 




96 OSP 0625 


Becton 


08/29/96 




96 OSP 0674 


Smith 


09/05/96 




96 OSP 0691 


Phipps 


09/23/96 




96 OSP 0715 


West 


07/30/96 




96 OSP 0780 


Smith 


10/16/96 




96 OSP 0999 


Becton 


10/22/96 




96 OSP 1081 


Smith 


02/21/97 




96 OSP 1136 


Phipps 


02/10/97 




96 OSP 1142 


Chess 


01/28/97 




96 OSP 1149 


Chess 


01/24/97 




96 OSP 1542 


Reilly 


01/02/97 




96 OSP 1700 


Becton 


03/07/97 


11:25 NCR 1964 


96 OSP 1705 


Smith 


03/27/97 




97 OSP 0038 


Phipps 


03/24/97 





01/24/97 
01/24/97 
01/24/97 



94 OSP 1174*'° 


Gray 


08/05/96 




95 OSP 0249*' 


Smith 


07/23/96 




95 OSP 0697 


Smith 


10/16/96 




95 OSP 0836*'" 


Gray 


08/05/96 




95 OSP 1050*" 


Smith 


07/23/96 




96 OSP 0341 


Reilly 


02/28/97 


11.24 NCR 1886 


96 OSP 1309 


Gray 


12/12/96 





95 OSP 0176 



West 



07/02/96 



2038 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



Gene S. Baker v Gov. James B Hunt, Jr , Ann Q Duncan. Chairman, 

Employment Security Commission 
William Herbert Allen v. Employment Security Commission 
Patricia Gary v. Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm,, Austin Quality Foods, Inc. 
Jessie James Thomas, Jr. v. Employment Security Commission 

Department of Environment, Health, and Natural Resources 

Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 

Kathy B. Vinson v. Dept, of Environment, Health, & Natural Resources 

Diana Tootle v . Department of Environment, Health, & Natural Resources 95 OSP 0569 

Donald E. Batts v. Division of Adult Health. EHNR 

Guilford County Area Mental Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm. OSP 95 OSP 1179 Smith 

Department of Human Resources 

Sheila Logan v. Black Mountain Center. Dept of Human Resources 

Myron A. Smith v. DHR, Division of Child Development 

Ophelia Webb v Edard R. Inman, Dir Alamance Cty DSS, Alamance 

Cty DSS, Alamance County, and DHR 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp 
Gail Marie Rodgers Lincoln v DHR, DMH/DD/SAS-Cherry Hosp., 

Cherry Hospital 
Cynthia D. Hickman v. DHR. Central School for the Deaf 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 
Kelvin Parter v. Dorothea Dix Hospital 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Kim A. Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 
Allen J. Wright, Jr. v. Blue Ridge Area Authority 
Lynn S. Hales v. John Umstead Hospital 
Deborah Ayala v. DHR/DSS/Child Support Enforcement 
Jacqueline C. Branch v. Division of Facility Services 

Buncombe Count)- Depanmem of Social Senices 

Kathy Davis v. Buncombe County Department of Social Services 95 OSP 1487 

Caswell Center 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 OSP 0707 


Becton 


05/16/96 


1 1 :05 NCR 300 


94 OSP 1688 


West 


06/11/96 




95 OSP 0793 


Chess 


05/14/96 




96 OSP 0275 


Chess 


05/21/96 




96 OSP 1961 


Phipps 


01/27/97 





95 OSP 0035 


Reilly 


04/09/96 




95 OSP 0203 


Gray 


09/18/96 


11;13 NCR 1087 


95 OSP 0569 


Reilly 


03/24/97 


11:26 NCR 2042 


95 OSP 1071 


Smith 


10/01/96 





07/19/96 



95 OSP 0672 


Chess 


01/24/97 


95 OSP 1033 


Morrison 


11/27/96 


96 OSP 01 12 


Gray 


03/13/96 


96 OSP 01 14*" 


Gray 


11/05/96 


96 OSP 0146*" 


Gray 


11/05/96 


96 OSP 0147*" 


Gray 


11/05/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0191 


Becton 


09/23/96 


96 OSP 0217 


Reilly 


08/13/96 


96 OSP 0241*" 


Gray 


11/05/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07/09/96 


96 OSP 0597 


Becton 


09/11/96 


96 OSP 0665 


Reilly 


12/20/96 


96 OSP 0729 


West 


10/02/96 


96 OSP 1062 


Smith 


10/29/96 


96 OSP 1089 


Smith 


12/09/96 



11:10 NCR 865 



West 



08/09/96 



Ramona C. Jenkins v. Department of Human Resources. Caswell Center 
Ramona C. Jenkins v. Department of Human Resources. Caswell Center 
Franklin D, Sutton v. Department of Human Resources. Caswell Center 

Cumberland County Department of Social Services 



89 OSP 0411 


Becton 


03/26/96 






91 OSP 0522 


Becton 


03/26/96 


11:02 NCR 


89 


94 OSP 0766 


Smith 


03/21/96 







Deborah McKoy v. Cumberland County Department of Social Services 95 OSP 1059 

Ruth Former v. Cumberland County Department of Social Services 96 OSP 0829 



Chess 
Becton 



Sharron S. Moten v. Lenoir County DSS. Jack B. Jones 
Felicia Ann Baker v. Lenoir County DSS, Jack B. Jones 



96 OSP 1100 
96 OSP 1101 



Gray 
Gray 



02/17/97 
12/02/96 



Durham County Department of Social Senices 
Jan E. Smith V. Durham County Department of Social Services 95 OSP 1121 Morrison 05/24/96 

Halifax County Department of Social Senices 
Clairbel Thomas v. Halifax County DSS & Director. Halifax County DSS 95 OSP 0905 West 05/29/96 

Haywood County Department of Social Senices 
Carol Hubbard V. Haywood County Department of Social Services 95 OSP 1084 Reilly 08/30/96 

Lenoir County Department of Social Senices 



12/06/96 
12/12/96 



1 1 06 NCR 395 



11:13 NCR 1092 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2039 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NLnviBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Medical Assistance 

Harold Wiggins v Division of Medical Assistance 

O' Berry Center 

Samuel Geddie v. O'Berry Center 

Gale Worrells v Department of Human Resources, O'Berry Center 

Rockingham County Department of Social Services 
Lorretta Lawson v Rockingham County DSS 

Vance County Department of Social Services 
Robert Eugene Davis v, Vance County Department of Social Services 

Wake County Department of Social Sen ices 
Phylis Gilbert v. Wake County Department of Social Services 

Wilson County Department of Social Services 

Karen R Davis v Wilson County Department of Social Services 

Department of Insurance 

Larry W Creech v Department of Insurance 

Department of Justice 

Thomas M Hughes v State Bureau of Investigation, Dept. of Justice 

Department of Labor 

Kevin? Kolbe, Sr v Department of Labor 
Sydney Cheryl Sutton v Department of Labor 

i\'ew Hanover County Board of Health 

Tabandeh Zand v New Hanover County Board of Health 

Department of Public Instruction 

Johnny Leak v. Public Schools of NC, Dept- of Public Instruction 
McLennard Jay v Person County Schools 

Sandhill Community College 

Earl Levon Womack v Sandhill Community College Bd of Trustees 

Office of the State Controller 

Angela M Terry v Office of the State Controller 

Tideland Mental Health Center 

Lisa C Selfridge v Tideland Mental Health Center 

Department of Transportation 

Pearlie M Simuel-Johnson v. Department of Transportation 

Dorothy J Grays v DIv of Motor Vehicles, Dept. of Transportation 

Bobby R Mayo v Department of Transportation 

James H Broyhill v Department of Transportation 

Bobby R. Mayo v Department of Transportation 

Pearlie M Simuel-Johnson v Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 



95 OSP 1482 West 



96OSP0414 Morrison 

96 OSP 1011 Gray 



96 OSP 0471 West 



96 OSP 0157 



95 OSP 1238 



96 OSP 0394 



95 OSP 0631 



95 OSP 0368 



95 OSP 0968 
95 OSP 1211 



95 OSP 1035 



96 OSP 0861 
96 OSP 0862 



96 OSP 0573 



96 OSP 0402 



96 OSP 1144 



Reilly 



Phipps 



Chess 



Reilly 



Becton 



Morrison 
Phipps 



Smith 



Phipps 
Phipps 



Phipps 



Becton 



Smith 



06/11/96 



06/13/96 
01/09/97 



06/13/96 



10/28/96 



06/27/96 



11/01/96 



06/06/96 



02/28/97 



03/14/96 
02/04/97 



03/01/96 



09/05/96 
09/04/96 



07/25/96 



08/07/96 



02/10/97 



11;21 NCR 1699 



11:07 NCR 434 



11 24 NCR 1877 



11:01 NCR 58 



94OSP0589-' 


Gray 


03/01/96 




94 OSP 1044 


Reilly 


04/12/96 


11 03 NCR 173 


95 OSP 0561*" 


Reilly 


01/08/97 




95 OSP 0673 


Gray 


12/02/96 




95 OSP 0798*" 


Reilly 


01/08/97 




95 OSP 0837*' 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 





Consolidated cases. 



2040 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



AGENCY 



Greg Brown v. Deparimenl of Transportation 

Jesse Wayne Castle v. State Highway Maint.. Guess Rd.. Durham, NC 

Archie Brooks v W. F. Rosser. Department of Transportation 

Jessie L. Allen et al, v. DMV Enforcement Section 

Dwight Odell Graves v. DOT Maintenance, Caswell County 

R.L, Singleton v. Department of Transportation 

William Dean Gillenwater v. Department of Transportation 

Shirley Pierce v DOT/DMV Drivers License 

Stephanie Taylor v. Department of Motor Vehicles 

James M. Stokes, IH v. Department of Transportation 

Larry J. Winstead v Department of Transportation 

Tri-County Menial Health Complex 

Deborah Heil v Tri-County Mental Health Complex 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 OSP 0048 


Reilly 


05/02/96 




96 OSP 0087 


Gray 


04/15/96 




96 OSP 0239 


Smith 


05/17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0616 


Morrison 


10/24/96 




96 OSP 0683 


Becton 


08/12/96 




96 OSP 0684 


Gray 


12/13/96 




96 OSP 0731 


West 


03/31/97 




96 OSP 0955 


Becton 


08/29/96 


11:13 NCR 1095 


96 OSP 0983 


Smith 


03/03/97 


11:24 NCR 1891 


97 OSP 0060 


Becton 


03/27/97 





95 OSP 1100 



University of North Carolina 

Gregory Lapicki v. East Carolina University 

William C. Neal v Fayetteville State University 

Pamela B Edwards v. University of North Carolina at Chapel Hill 

Keith R Cameron v. University of North Carolina at Chapel Hill 

Bruce W Hunt v Pembroke State University 

Francina Y Tate v. Chancellor Julius L. Chambers. NC Central Univ. 

Renee Lynch v NC Central University 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Janice S. Walton v. ASU. Beverly Christian. Joan Critcher, Libby Clawson 

Janice S. Walton v, Appalachian St University. Claude Cooper, Bill Ragan 

Janice S, Carroll v Appalachian St University, Claude Cooper, Bill Ragan 

Vernell Mitchell v North Carolina Cooperative Extension 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 

Bela E. Karvaly, Ph.D. v. UNCBd. of Gov., Pres. CD. Spangler, Jr. 

Teresa Dail McCaskill v East Carolina University 

Carl E. Whigham v. UNC Hospitals at Chapel Hill 

Gejuan Long v Winston Salem State University 

Theresa Louise Whittington v. Appalachian State University 

Joey M. Carey v A & T State University 

J. Scott Spears v. Ralph Pederson and UNC-C 

Richard Paul Schneck v. ECU Human Res., Sch. of Med., Psych. Med. 

Rebecca Williams v. Winston Salem State University 

Nellie Joyce Ferguson v. UNC Physicians & Assoc, Charles Foskey. Dir. 

Kristin K. Parkinson v. Western Carolina University 

Mae Helen Lewis v UNC Greensboro - Physical Plant 

Frederick A. Parmley v. NCSU Public Safety 

Donna M. VanHook v. UNC Hospitals at Chapel Hill 

Tommie Thompson v. UNCG. Physical Plant 

Harvey Lee Clemmons v. North Carolina Slate University 

Andrew W. Gholson v. North Carolina State University 



Wake County Board of Health 

Debbie L. Whitley v. Env. Health Div. Wake Cty. Dept. of Health 

STATE TREASURER 

Donald B Durham v. Teachers' & St. Employees Retirement Sys 
Linda H. Belk v Bd. of Trustees Teachers & St. Emp Retirement Sys 
Barbara Dauterman v. Teachers' & St. Employees Retirement Sys. 
Joyce Clyburn v. Dept. of State Treasurer Retirement Systems Division 

DEPARTMENT OF TRANSPORTATION 



96 OSP 1090 



Smith 



Smith 



03/22/96 



94 OSP 1721 


Reilly 


09/26/96 




95 OSP 0392 


Smith 


04/22/96 




95 OSP 0842 


Chess 


06/28/96 




95 OSP 1060 


Morrison 


06/24/96 




95 OSP 1288 


Becton 


12/02/96 




95 OSP 1432 


Smith 


04/22/96 




95 OSP 1461 


Smith 


10/03/96 


11:15 NCR 1255 


96 OSP 0026 


Gray 


03/12/96 


11:01 NCR 61 


96 OSP 0055 


West 


01/15/97 




96 OSP 0062 


West 


03/13/96 




96 OSP 0063 


West 


03/07/96 




96 OSP 0132 


Gray 


05/10/96 




96 OSP 0150 


Chess 


05/08/96 




96 OSP 0151 


Chess 


05/08/96 




96 OSP 0212 


Gray 


01/10/97 




96 OSP 0248 


Chess 


06/11/96 




96 OSP 0253 


Gray 


01/17/97 




96 OSP 0350 


Smith 


10/09/96 




96 OSP 0393 


West 


10/10/96 




96 OSP 0548 


Chess 


08/30/96 




96 OSP 0759 


Smith 


12/19/96 




96 OSP 0807 


Smith 


01/23/97 




96 OSP 0977 


Phipps 


10/02/96 




96 OSP 0987 


Becton 


10/22/96 




96 OSP 1000 


Reilly 


10/21/96 




96 OSP 1037 


Smith 


01/14/97 




96 OSP 1103 


Gray 


01/29/97 




96 OSP 1135 


Chess 


01/29/97 




96 OSP 1426 


Reilly 


01/16/97 




96 OSP 1730 


Reilly 


01/15/97 





09/05/96 



92 DST 1066 


Chess 


07/17/96 


11:09 NCR 


810 


96 DST 0600 


Smith 


03/13/97 






96 DST 0913 


Phipps 


03/07/97 






96 DST 1087 


Smith 


10/18/96 







James E. Phillips v. Department of Transportation. Div. of Motor Vehicles 96 DOT 1829 
UNIVERSITY OF NORTH CAROLINA 



Reilly 



12/10/96 



Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 
James E. Boudwin v. University of NC Hospitals at Chapel Hill 
Rufus T. Moore Jr. v UNC Hospital 
Marcia Spruill v UNC Hospitals - Patient Accounts 
Charles E. Houlk v. UNC Hospitals 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2041 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF CARTERET 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0569 



DIANA TOOTLE, 
Petitioner, 



DEPARTMENT OF ENVIRONMENT, HEALTH, 

AND NATlfRAL RESOURCES, 

Respondent. 



RECOMMENDED DECISION 



This matter came on forbearing before the undersigned administrative law judge on January 21, 1997, in New Bern. 
The petitioner was represented by Ralph T. Bryant, Jr. The respondent was represented by Edwin L. Gavin II. The petitioner 
presented three witnesses and introduced Exhibits #1-9. The respondent presented five witnesses and introduced Exhibits #1 - 
9, 11, 12, 14, 16 - 24, 26, and 27. The respondent file a proposed Recoimnended Decision on March 17, 1997. 

ISSUE 

Did the respondent discriminate against the petitioner on the basis of sex and race when the respondent failed to 
promote the petitioner to the position of Applications Programmer II in the Division of Marine Fisheries at Morehead City? 

FINDINGS OF FACT 

1. Petitioner was employed by the respondent's Division of Marine Fisheries as a Clerk Typist from July, 1988, until 
April, 1989, as a Data Control Clerk III from April, 1989, until November, 1989, as a Data Control Clerk IV from 
November, 1989, until July, 1996, and as an Information Processing Assistant from July, 1996, until November, 
1996, at which time she resigned her position 

2. Petitioner is an African-American female. 

3. While serving as the Data Control Clerk IV and the Information Processing Assistant, the petitioner was assigned to 
the Statistics and Information Management Section. The section chief was Paul S. Phalen, a white male. 

4. As the Data Control Clerk IV, the petitioner had data processing responsibilities with regard to the biological 
database. The biological database is a vast computerized database, consisting of a number of biological master files, 
programs, and records, all relating to biological data on fishery resources in North Carolina's coastal waters. 

5. The biological database is used by biologists to assist in managing North Carolina's fishery resources. 

6. Programming and program development responsibilities with regard to the biological database were assigned to the 
position of Applications Progranmier II. The Applications Programmer II position's essential functions also included 
SAS support, which consists of assisting biologists with SAS programming questions. SAS is a computer language 
which is heavily used in biological database programming. The Applications Programmer II was the petitioner's 
supervisor. 

7. In April, 1994, the holder of the Applications Programmer II position, Mike Cruze, went on leave. Mr. Cruze's 
supervisor was Mr. Phalen. For one month, Mr. Phalen assigned the petitioner the following duties of the 
Applications Programmer II position: receipt and logging of data from biologists; coordination and tracking of data 
processing by the contractor; submission of data to the contractor; updating of master files and running of updates; 
and conducting of standard subset updates. 

8. At the same time, Mr. Phalen retained for himself and Al Schmidt, the Computer Consultant III, the programming, 
program development, and SAS support functions of Mr. Cruze's position. 

9. The functions assigned to the petitioner for the one month were data processing duties. In discharging these duties, 



2042 



NORTH CAROLINA REGISTER 



April 15, 1997 



11:26 



CONTESTED CASE DECISIONS 



the petitioner demonstrated high effort and dedication, mastered the database update process, and enhanced data 
quality. In recognition of the petitioner's good work in discharging her data processing duties, Mr. Phalen 
recommended on October 13, 1994, that her position be upgraded. 

10. In September, 1994, Mr. Cruze resigned from the Applications Programmer II position. The petitioner applied for 
the position. 

11. Petitioner was qualified for the position. 

12. Petitioner and five others were given structured interviews, including a test, on October 17, 1994, by a three member 
panel, consisting of Phalen and Schmidt, and Katy West, a female, who was a biological supervisor. 

13. The panel members imanimously recommended that David Hopper, a white male, be offered the position, stating that 
he was the best qualified of the six applicants interviewed for the position because of his high level of database design 
and programming experience and his education. The panel members unanimously ranked Petitioner lowest of the six 
applicants interviewed. Respondent selected Mr. Hopper for the position. 

14. Petitioner, prior to her application for the Applications Programmer II position, had acquired extensive knowledge 
of the biological database. However, she lacked programming experience. She also had no SAS programming 
experience. Petitioner was enrolled in, but had not completed, a two-year course in business computer programming. 
She had no degrees other than her high school diploma. 

15. Mr. Hopper, prior to his selection for the Applications Programmer II position, had been employed by the respondent 
for two months as a computer programmer. Mr. Hopper first began using SAS in that position. However, Mr. 
Hopper had more than 20 years of database design and mainframe programming experience. He had a bachelor's 
degree in mathematics. Although Mr. Hopper had just begun using SAS, his years of programming experience made 
it easier for Mr. Hopper, as opposed to the petitioner, to undertake the SAS programming responsibilities of the 
Applications Progranmier II position. 

16. Mr. Phalen recommended the petitioner for the Data Processing Clerk IV position. On an occasion in 1992, when 
the Applications Programmer II position previously was open, Mr. Phalen had recommended a Chinese female for 
the position. This applicant withdrew, and Mr. Cruze was hired. 

CONCLUSIONS OF LAW 

1. Petitioner has alleged that sex and race discrimination was the basis of the respondent's failure to promote her to the 
Applications Programmer 11 position. She has the burden of proof. The burden of production of the evidence shifts 
during the case, but the burden of persuasion remains with the petitioner. 

2. The evidence shows that the petitioner applied for and was qualified for the position of Applications Programmer II, 
that she was not selected for the position, and that a white male was selected. The evidence thus shows that the 
petitioner has made a prima facie case of race and sex discrimination. 

3. The evidence further shows that the respondent promoted Mr. Hopper, a white male, because he had programming 
experience and therefore was more qualified for the position. 

4. No evidence shows that the above reason for employing Mr. Hopper, a white male, was not true. 

5. The petitioner established neither that intentional sex nor intentional race discrimination was the reason that she did 
not obtain the position. 

RECOMMENDED DECISION 

It is recommended that the Petition be dismissed. 



11:26 NORTH CAROLINA REGISTER April 15, 1997 2043 



CONTESTED CASE DECISIONS 



NOTICE 

The agency that will make the final decision in this contested case is the State Personnel Commission. It will give each 
party the opporruniry to file exceptions to this recommended decision and to present written arguments. The agency will serve 
a copy of the tlnal decision on all parties, the attorneys of record and the Office of Administrative Hearings. 

This the 24th day of March, 1997. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



2044 NORTH CAROLINA REGISTER April 15, 1997 11:26 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF BRUNSWICK 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96EHR 1112 



TOWN OF SUNSET BEACH, 
Petitioner, 



DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES, 
DIVISION OF COASTAL MANAGEMENT, 
Respondent. 



ORDER OF DISMISSAL 
AND FINAL DECISION 



This matter is before the undersigned for consideration of the Petitioner's Motion to Accept Jurisdiction and the 
Respondent's Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the North Carolina Rules 
of Civil Procedure. 

STATEMENT OF THE CASE 

1 . Linda Fluegel is the duly appointed Administrator for the Town of Sunset Beach and as such has the legal 
authority to apply for various permits on behalf of the Town, including, but not limited to. Major Permits and Dredge and Fill 
Permits under the Coastal Area Management Act. 

2. On or about December 30, 1994, a group of residents owning property along Shoreline Drive in the Town 
of Simset Beach submitted a petition to the Town Council for the Town of Sunset Beach requesting that the Council authorize 
Ms. Fluegel, as Administrator for the Town of Sunset Beach, to seek the permits necessary to redredge a portion of Jink's 
Creek in order to provide boat access to the adjoining properties at low tide. On February 6, 1995, the Town Council 
approved this petition and authorized Ms. Fluegel to seek the permits necessary to undertake the dredging activity. 

3. On November 13, 1995, Ms. Fluegel submitted a Joint Application for CAMA Major Permit, Form DCM- 
MP-1, to the Division of Coastal Management, North Carolina Department of Environment, Health and Natural Resources 
requesting that they issue a CAMA Major Permit authorizing the dredging activity. 

4. On November 29, 1995, Ms. Fluegel submitted an Excavation and Fill Application, Form DCM-MP-2, as 
a supplement to the joint permit application. 

5. The Respondent, the Division of Coastal Management ("DCM") of the North Carolina Department of 
Environment, Health, and Natural Resources ("DEHNR"), denied the Petitioner's application on March 1 1, 1996. 

6. The Petitioner received the letter denying its application for a CAMA permit on March 13, 1996. 

7. The March 1 1, 1996 denial lener stated that to appeal the decision, the applicant must file a petition with the 
Office of Administrative Hearings within twenty (20) days. The letter clearly stated that administrative appeals were to be filed 
at the Office of Administrative Hearings and it set forth the address for doing so. 

8. The March 1 1, 1996 letter also informed the Petitioner that it had a right to appeal the denial of Federal 
permits for the project to the U.S. Secretary of Commerce within thirty (30) days of receipt of the letter of denial. 

9. The March 11, 1996 lener instructed the Petitioner to contact Mr. John Parker at (919)733-2293, P.O. Box 
27687, Raleigh, NC 27611, if the Petitioner had any questions. 

10. Ms. Fluegel, on behalf of the Petitioner, decided to appeal the decision to deny the permits based on her 
determination that one or more of the factual bases upon which they had denied the applications were not correct. Having 
never filed an appeal before, Ms. Fluegel was somewhat confused by the two types of appeals discussed in Mr. Schecter's 



11:26 



NORTH CAROLINA REGISTER 



April 15, 1997 



2045 



CONTESTED CASE DECISIONS 



letter. Instead of contacting Mr. Parker as the letter directed her to do, Ms. Fluegel contacted Bob Stroud with the DCM and 
inquired about how to proceed. Mr. Stroud told Ms. Fluegel that if the Town of Sunset wished to appeal the decision to deny 
the applications, she should file the preprinted appeal form contained in the back of the CAMA Local Permit Officer's 
Handbook. 

1 1. Based upon the advice that she received from Mr. Stroud, on March 20, 1996, Ms. Fluegel completed the 
only appeal form contained in the Town of Sunset Beach's copy of the Local Permit Officer's Handbook at that time which 
was a document entitled "Third Party Hearing Request on CAMA Permit Decision." As directed on the form itself, Ms. 
Fluegel filed the original hearing request with the Director of the Division of Coastal Management and served a copy of the 
heanng request on the North Carolina Attorney General's Office. At the time, Ms. Fluegel did not realize that this appeal form 
was not sufficient to accomplish the type of appeal authorized by Chapter 150B of the North Carolina General Statutes. 

12. The CAMA Local Permit Officer's Notebook is a loose-leaf notebook containing information to assist local 
goN'emments in administering local aspects of the CAMA program. The handbook is distributed to local governments in the 
coastal area, including Sunset Beach. 

13. The Local Permit Officer's Notebook contains a subsection entitled "Forms used in processing minor 
development permits." Several forms are listed in the table of contents to this subsection, including Appeal Notice, Third-Party 
Request, and Petition for Variance. When the handbook is produced, a separate and distinct form is included for each of these 
purposes. 

14. The local governments are expected to copy and distribute these forms to the public upon request. They are 
expected to maintain complete originals of these forms. 

15. On March 22, 1996, the Petitioner filed a Third Pany Request with DCM. 

16. The Third Party Request process is a separate, statutorily authorized proceeding whereby individuals, "other 
than a permit applicant," may challenge a permit decision. The procedure for this type of proceeding is set forth in the 
Coastal Area Management Act, G.S. §I13A-121 . Ifb). The statute provides that third party requests are filed with the Coastal 
Resources Commission, not the Office of Administrati\e Hearings. 

17. After Ms. Fluegel filed the Third Party Request form with DCM, she recei\ed a call from Mr. Ed Brooks, 
a field Representative with DCM. Mr. Brooks wanted to know why Ms. Fluegel had filed an appeal when he and Ms. Fluegel 
had previously discussed the Town of Sunset Beach pursuing a variance in this matter. Mr. Brooks informed Ms. Fluegel that 
she could not file an appeal because she was a third party. Mr. Brooks also expressed the opinion that Ms. Fluegel had no 
grounds for appealing the Division of Coastal Management's decision. In a meeting in Mr. Brooks' office in Wilmington, 
North Carolina, approximately one week later, Ms. Fluegel was again informed that she had no grounds for appealing the 
Division of Coastal Management's decision. Mr. Brooks also indicated that Ms. Fluegel should contact the Attorney General's 
Office to let them know that she intended to withdraw the appeal. 

18. Ms. Fluegel subsequently responded to a call from Ms. Amy Gillespie, an attorney with the North Carolina 
Attorney General's Office, regarding the third party appeal form which Ms. Fluegel had filed. Ms. Gillespie indicated that 
Ms. Fluegel could not file a third party appeal since the Town of Sunset Beach was actually the permit applicant. Ms. Gillespie 
further stated that Ms. Fluegel needed to write a letter to the Attorney General's Office saying that she was withdrawing the 
third party hearing request. 

19. On March 28, 1996, still within the 20-day statutory period for appealing the permit decision, the Petitioner 
contacted the Division of Coastal Management to officially withdraw the Third Party Request. At this time, the Petitioner did 
not file an appeal with the Office of Administrative Hearings. 

20. The Third Pany Request was not filed with the Office of Administrative Hearings. 

21. It was Ms. Fluegel's intention and desire to appeal DCM's decision to deny the CAMA Major Permit and 
the Dredge and Fill Permit to an impanial third party. Ms. Fluegel believes that the Office of Administrative Hearings 
constitutes an impartial third party. Were it not for confusion created by what Ms. Fluegel believes to be inaccurate 
information provided by persormel within DCM, as well as important information concerning her legal rights which was not 
fully disclosed by personnel within DCM and the Attorney General's Office, Ms. Fluegel might have timely filed a Petition 



2046 NORTH CAROLINA REGISTER April 15, 1997 11:26 



CONTESTED CASE DECISIONS 



for a Contested Case Hearing with Office of Administrative Hearings. 

22. The Petitioner was the permit applicant, not a third party. 

23. On August 27, 1996, some five months after the expiration of the statutory time period in which to file a 
permit appeal, the Petitioner filed a motion to accept jurisdiction. 

CONCLUSIONS OF LAW 

1 . The right to appeal to an administrative agency is granted by statute, and compliance with statutory provisions 
is necessary to sustain the appeal. Lewis v. North Carolina Department of Human Resources, 92 N.C. App. 737, 375 S.E.2d 
712(1989). 

2. The Coastal Area Management Act explicitly limits the appeal of CAMA permit decisions. The sole means 
for a permit applicant to appeal a CAMA permit decision is set forth in G.S. §113A-121.1(a). This section provides that "an 
applicant for a minor or major development permit who is dissatisfied with the decision on his application may file a petition 
for a contested case hearing under G.S. §1508-23 within 20 days after the decision is made." 

3. When the Petitioner bears the responsibility of filing a petition with the Office of Administrative Hearings 
on or before the requisite date, but fails to comply with the mandatory requirement for timely filing of a petition for a contested 
case hearing, the petition must be dismissed. Gummels v. North Carolina Department of Human Resources, 98 N.C. App. 
675, 392 S.E.2d 113 (1990). 

4. Subject matter jurisdiction must exist before a court can take jurisdiction of a case. If a petition is not filed 
within a time period set forth by statute, the court cannot take jurisdiction of the subject matter. Gaskill v. State ex ret Cobey, 
109 N.C. App. 656, 428 S.E.2d 474, disc. rev. denied, 334 N.C. 163 (1993). 

5. Subject matter jurisdiction is not waivable by the court or either party. Under 
G.S. §IA-1, Rule 12(h)(3), when a court lacks jurisdiction of the subject matter, the court shall 
dismiss the action. 

6. The Petitioner did not file a contested case petition in the Office of Administrative Hearings within the 20 
day stamtory time frame. The circumstance leading to the Petitioner's late filing, while regrettable, are not legally sufficient 
to toll the running of the twenty day time limitation for filing a petition. Therefore, the Petitioner did not properly file a 
petition pursuant to G.S. §113A-121.1(a). 

FINAL DECISION 

The Petitioner's petition for a contested case hearing is DISMISSED. 

NOTICE 

In order to appeal a Final Decision, the person seeking review must file a Petition in the Superior Court of Wake 
County or in the superior court of the coimty where the person resides. The Petition for Judicial Review must be filed within 
thirty (30) days after the person is served with a copy of the Final Decision. North Carolina General Statutes section 150B-46 
describes the contents of the Petition and requires service of the Petition on all parties. 

This the 26th day of March, 1997. 



Brenda B. Becton 
Administrative Law Judge 



11:26 NORTH CAROLINA REGISTER April 15, 1997 2047 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



I he North Carolina Administrative Code (NCACj has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are fiirther broken down into chapters which shall be numerical in order. Tlie other t^vo, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculaire 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber E.xaminers 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


1? 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment. Health, and Natural 


Hearing Aid Dealers and Finers 


TT 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretar) of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery' Joint Committee 


33 


20 


Treasurer 


Mortuarv- Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


-)-) 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometn. 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therap\ Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatn, E.xaminers 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate .Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinar\ Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 



2048 



NORTH CAROLINA REGISTER 



April 15, 1997 



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( 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



CODE 



ANNUM 
SUBSCRIPTION PRICE 



Title 1 - Dept. of Administration - Complete Title 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 20110 331 

Title 2 - Dept. of Agriculture - Complete Title 202 00 00 1 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of State Auditor - Complete Title 203 00 00 1 

Title 4 - Dept. of Commerce - Complete Title 204 00 00 1 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savmgs Institutions Division 204 15 161 

Title 5 - Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15021 

Title 6 - Council of State - Complete Title 206 00 001 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 00 1 

Title 8 - State Board of Elections - Complete Title 208 00 001 

Title 9 - Offices of ttie Governor & \i. Governor - Complete Title 209 00 001 

Title 1 - Dept. of Human Resources - Complete Title 2 1 00 00 1 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 41 1 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities 210 20 451 

Title 1 1 - Dept. of Insurance - Complete Title 2 1 1 00 00 1 

Insurance 211 10 Oil 

Consumer Services 211 10 041 

Fire & Rescue Services 21110051 

Agent Services 21110 061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Jusrice ■ Complete Title 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Police & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Title 1 3 - Dept. of Labor - Complete Title 2 1 3 00 00 1 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 111 

Title 1 5A - Dept. of Environ., Health, & Not. Resources - Complete Title 2 1 5 00 00 1 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Management 215 15 311 



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Underground Storage Tanks 

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TiHe 1 6 - Dept. of Public Inslrucfion - Complete Title 

Elementary & Secondary Education 

Title 1 7 - Department of Revenue - Complete Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
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Title 1 8 - Secretary of State - CompleteTitle 

Securities Division 

Title 1 9A - Dept. of Transportation ■ Complete Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 - Community Colleges - Complete Title 

Title 24 - Independent Agencies - Complete Title 

Title 25 - Office of State Personnel - CompleteTitle 

Title 26 - Office of Administrative Hearings - Complete Title 

Title 27 - North Carolina State Bar - Complete Title 

North Carolina Administrative Code - Complete Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 

updated ijunrtertv ' 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binder(s) riHed "Official North Carolina AdminislratiYe Code" 



215 15 321 
215 15401 
215 25 001 
215 25 101 
215 25 201 

215 25 301 
21525311 

216 00 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15 271 

217 15 291 

218 00 001 

218 10 060 

21900 001 

219 10021 

219 10031 

220 00 001 
22100 001 
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223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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